ISP책임제한법에 대한 검토

Internet Service Provider infringement limitation law focusing on Japanese law system

This note is studied for Internet Service Provider(so called, "ISP") Infringement limitation law legislated in Japan, of which subject matter is to limit the responsibility for indemnity of ISP regarded the rights infringed not by ISP directly. In addition, that enables a person who asserts their rights to be infringed to claim to open someone's private informations which ISP has, who might infringe a person's right by uploading or writing the contents about defamation, privacy or something about copyright infringement etc., that is, takes civil rights infringement occurred through Internet Service as an object of law. If ISP has no responsibility because ISP does not infringe directly person's rights, the problem happens that there is no effective remedies for infringed person. Therefore, they may give a liability of indirect infringement to ISP in order to guarantee the effectiveness of law. However, this note is saying that we should not impose the obligation on ISP by reason of providing channel for ISP user's illegal activity before deciding ISP's actual activity. Japanese law system consider the aspect of unreasonable legal structure by making responsibility limitation conditions in detail. Indeed, it is respected the effective way to protect right infringement. Korea has not umbrella legal solution about ISP infringement limitation except a part of limitation-terms in Copyright law and Computer Program Protection law. For preventing confusion of interpretation in accordance with general principle of Civil law and activating Internet service business, we can consider the legislation of umbrella solution like Japanese system.