저작권법상 인터넷 삼진아웃제도에 관한 연구

A Study on the Internet Three Strikes Out Rule in Copyright Law

As copyright infringement is exploded and related industrial damage become huge by illegal file sharing developed by internet file sharing technology like P2P, three-strikes out rule for extermination illegal file sharing has been introduced in copyright law by individual country. Proposed or introduced three-strikes out law is different in each country by enforcement agent, target, and intensity, and it can be categorized in three types of France, US and Korea. Our three-strikes out law distinguished by shut down a website and enforcement by administrative order without judical decision caused great concern and criticism. While other nations have been through hard times in legalization internet three-strikes out rule facing heavy opposition of citizen's and court, three-strikes out law become more sophisticated. Illegal file sharing can be solved fundamentally by reasonable reward system of market. Korea which was enforced three-strikes out law already need to improve three-strikes out law to minimize problems and side effects and fulfill expected effectiveness of law by various stakeholders' continuous attention and discussion. For this, Strengthen independency and autonomy of Korea copyright commission, minimization of ISP's burden, Provision of balanced-opinion to internet user are needed.