• Title/Summary/Keyword: 언론중재제도

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Right to delete and Right to be forgotten -Discuss on the condition of the right to delete (기사삭제 요구권과 잊혀질 권리 - 기사삭제의 인정기준에 관한 논의)

  • Hong, Sook-Yeong
    • Journal of Digital Convergence
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    • v.12 no.12
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    • pp.13-22
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    • 2014
  • The right to be forgotten is a world-wide issue after the decision of the European Court of Justice which accepted that right. This essay discusses about the guide lines for protecting the right to delete, a category of the right to be forgotten. I classified those guide lines as follows : (1) sensitiveness of the personal information, (2) offensiveness to reasonable and ordinary people, (3) intention of writing the article, (4) value of historical record, (5) importance of privacy comparing with right to know with time flow, (6) public figure, (7) article based on fact or opinion. To effectively protect right to be forgotten and delete, we have to consider Privacy Impact Assessment, using blind system, unification of multiple institutions, and reforming press arbitration system.

Argument on the right to be forgotten and the freedom of expression-focused on the reforming the press arbitration system (잊혀질 권리와 표현의 자유를 둘러싼 논의 - 언론중재제도의 개선과 관련하여)

  • Hong, Sook-Yeong
    • Journal of Digital Convergence
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    • v.12 no.6
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    • pp.1-11
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    • 2014
  • With the drastic development of technology for almost eternally saving digital information, cases for giving sufferings to a person who deserves to enjoy privacy have increased. So I study the right to be forgotten focusing on the collision between that right and freedom of expression. I also study the concept of the right to be forgotten and its legal basis for the protection of that right. That right can be protected mainly by the self-decision making right under the Article 10, and secondly the privacy right under the Article 17 of the Constitutional Law. The Press Arbitration Law can be applied to protect the right to be forgotten, but that Law needs the revision of time-limit clause for complain, protection clause for the right to ask to delete factual past article, and the clause of staleness doctrine for the consent of giving personal information.

A Study on the Retransmission Consent and Arbitration for the Retransmission of Terrestrial Broadcasting Signal in Japan (지상파채널의 재전송 동의와 중재 기준에 관한 연구 - 일본의 사례분석을 중심으로)

  • Kim, Kyung-Hwan
    • Korean journal of communication and information
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    • v.48
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    • pp.46-62
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    • 2009
  • The current study attempted to review the standards of retransmisison consent and arbitration for the terrestrial broadcasting signal. The standards are based upon the principles encouraged by the MIAC(Ministry of Internal Affairs and Communications). It has been criticized that the standards of judgement for the retransimission consent and arbitration are ambiguous and arbitrary in Japan. In 2009, MIAC announced five decisions regarding the retransmission of over-the-air. The result of the current study found that the regulations of compulsory over-the-air signal retransmission have been sustained until now. The retransmission policy of the Japan government based upon three principles; localism, proper cause and copyright act. The judgment is dependent on the intrepretation of MIAC's standard about these three principles.

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