인터넷과 國際裁判管轄

Traditional ptivate international law looks to geography when determining international jurisdiction to adjudicate. But in the cyberspace geographical borders of countries can be ignored. In this context, a question arises as to whether the traditional private international law rules on determining international jurisdiction to adjudicate are able to solve the international jurisdiction issues arising from international disputes in the cyberspace. In order to answer this question, the author first revIews the private international law rules on the international jurisdiction issues arising from international disputes in the real world. This is particularly important under Korean law since the Conflict of Laws Act of Korea which has been amended as of July 1, 2001 has introduced new rules on determining international jurisdiction. The author then reviews the question as to wherher such private international law rules on the international jurisdiction issues arising from international disputes in the real world as such can be applied with our modification to international disputes in the cyberspace or whether some modifications are indispensable. In analysing such issues the author distinguishes disputes into several categories, namely, disputes arising from contracts, disputes arising from torts, etc. In addition, the disputes arising from contracts can be further classified depending on whether such contract is a contract between business and business(B2B) or a connan betWeen business and consumer (B2C). This distinction is meaningful since the so called protective jurisdiction under the Korean Conflict of Laws Act should also apply to international disputes in the cyberspace. The author concludes that at present the proper way appears to be to develop private international law rules on determining international jurisdiction in the cyberspace by adapting, or introducing some flexibility into, the private international law rules on determining international jurisdiction in the real world to reflect the characteristics of the cyberspace. However, the author notes that we need to pay attention to the rapid development of so "lex cyberspace" or "lex internet" since if new private international law rules on determining international jurisdiction in the cyberspace could be developed as a part of lex cyberspace or lex internet, it may to a certain extent replace the traditional private international law rules on determining international jurisdiction which are mainly targeted at the real world.