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http://dx.doi.org/10.9708/jksci.2010.15.12.247

A Research on the Digital Information of the Deceased  

Kim, Young-Hwan (조선대학교 사회과학대학 경찰행정학과)
Publication Information
Journal of the Korea Society of Computer and Information / v.15, no.12, 2010 , pp. 247-253 More about this Journal
Abstract
The demand that needs 'Digital Legacy', a notion that an Internet user can transfer his private blogs, e-mail and financial assets to inheritors and party interested when he died suddenly in the accident, has been growing recently. This issue has become a social hot potato since Justine Ellsworth's father in USA sued Yahoo for the right to access his son's Yahoo e-mail account after Justine Ellsworth had died in Iraq, in November, 2004 and the problems happened to deal with suicide-related blogs and homepages when great entertainers in Korea committed suicide and soldiers' parents in the situation of warship Chonan tragedy in Korea demanded access to soldiers' homepages and e-mail accounts. The point at issue focuses on the property matters about the digital information of the deceased and the relationship between the deceased and the Internet Service Provider(ISP). This research looks into the trend of judicial precedents and laws related to the digital information of the deceased and suggests the preliminary data of the next research.
Keywords
the deceased; Digital Information; ISP; Internet Service Provider;
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  • Reference
1 http://likms.assembly.go.kr/bill/jsp/BillDetail.jsp?bill_id=PRC_S1Y0R0S7R2K1A1O0X4B9I0P4K7Z5B3
2 http://likms.assembly.go.kr/bill/jsp/BillDetail.jsp?bill_id=PRC_F1R0P0L9J0Y9E1C5C2Z3O0A8G3W5I1
3 http://www.law.go.kr/LSW/lsInfoP.do?lsiSeq=573&chrClsCd=010202#0000
4 http://likms.assembly.go.kr/bill/jsp/BillDetail.jsp?bill_id=PRC_S1R0V0O7E1I2D1H7H0L9J5R1J1L4A3
5 http://www.law.go.kr/LSW/lsInfoP.do?lsiSeq=581&chrClsCd=010202#0000
6 http://www.law.go.kr/LSW/lsInfoP.do?lsiSeq=51505&chrClsCd=010202#0000
7 http://www.law.go.kr/LSW/lsInfoP.do?lsiSeq=103829&chrClsCd=010202#0000
8 http://www.chosun.com/site/data/html_dir/2010/04/26/2 010042602664.html
9 If these property matters are accepted, it is possible to inherit by related laws.
10 These will include the matters related to the deceased's inheritors and party interested.
11 For example, in case of Choi Jin-sil who committed suicide on October 2, 2008, the last updates of her mini-hompy were made 0n July 27, 2010 by the standard of November, 2010.: http://www.cyworld.com/choijinsil
12 http://newsmaker.khan.co.kr/khnm.html?mode=view&code=115&artid=201011241652001&pt=nv
13 http://isis.kisa.or.kr/board/index.jsp?pageId=060200&bb sId=3&itemId=786