사이버 명예훼손에 대한 형사법적 규제

A Criminal Regulation of the Criminal of Libel in Cyberspace

Legal regulation against cyber-crime of libel can be divided by ‘Regulation by the Criminal Law’, ‘Regulation by Act on Promotion of Information and Communications Network Utilization and Information Protection(hereinafter “AICN”)’. This article focuses on the forming requirements and exclusion causes of illegality of Article 70 of AICN. A judicial precedent of Korean Supreme Court about the interpretation of defamatory intention is not proper. My opinion is that defamatory intention is judged not by the public concern but by the saparate criterion. This study also covers the improvement of the regulation of cyber-crime of libel. Regarding this, I propose as follows; (1) cyber-crime of libel should be regulated by Criminal Law, rather than regulated in AICN, (2) measures of criminal probations should be utilized to effectively guard against cyber-crime of libel, and (3) it is necessary to improve netizens ethics and to reinforce ethics education.