사이버 명예훼손에 대한 현행법상 규제와 그 한계

The regulation on the cyber defamation and the limit in Criminal Law

In modern society, the communication by internet plays very important roles in many aspects. Although there are many positive aspects, there are many negative aspects in internet. So we can secure diversity, liberty in society, consensus, solidarity and democratic atmosphere. This article examines the online defamation law and criticizes the recent proposals for its reform in Korea. Recently, as internet is becoming common method of communication, we can experience cyber defamation on web space so often, and be victim of cyber defamation. so because of this phenomenon and serious results of defamation victimization on cyber space, there are many kinds of opinions that new responsive means have to be taken to this problem, for example, system to open real name about internet users,more severe criminal punitive methods. Also an internet total information provider, as an intermediary of uploadings on the Internet, may be liable in torts jointly with the person directly uploading it. In case where requirements of recognition and avoidance possibility are fulfilled, the above provider is liable in torts by non-action. The Supreme Court, in this case, decides legal ground and requirements for which the above provider burdens tort liability about uploadings on the Internet containing defamatory contents. The Majority Opinion holds that in case where the recognition of an existence and unlawfulness of uploadings appears obvious; and its management and control is feasible technologically and financially, the above provider has duty of care to deleting the uploadings. But the key point to solve these serious problems is that we must find solution to secure liberty of speech or expression, simultaneously to secure safety of cyber space, because two aspects has same important meaning with us.