• Title/Summary/Keyword: 온라인 표현의 자유

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Consumers' Perception on Legal Liability of the Online Reviews (온라인 사용후기에 대한 법적책임의식에 관한)

  • Kim, Soyean
    • International Commerce and Information Review
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    • v.17 no.3
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    • pp.3-27
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    • 2015
  • As hostile online reviews can have a negative impact on a company's reputation, it is not surprising that online reviewers and business owners often get involved in conflicts which sometimes evolve into legal disputes. This research examines the legal dispute case in which the business owner charges an online reviewer for a defamation. Further, this research compares the supreme court's decision with general public's view on this defamation case, using a survey method. From the legal point of view, an online reviewer's primary motive determines whether the online reviews are defamatory statements or not. Specifically, if an online reviewer's primary motive is to increase the overall benefits for the public society, the online review does not bear any legal liability. According to our survey, consumers' view aligns with the final decision of the supreme court. They believe that online reviews should bear a minimum level of legal liability as online reviews often contain useful and valuable information which can enhance overall public benefits.

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A Study on the Scope of Protection for Freedom of Expression on Internet: Focused on the Analysis of Judicial Precedents on Cyber Conflicts (인터넷에서 표현의 자유 보호 법리에 관한 연구: 사이버 분쟁에 대한 법원 판례 분석을 중심으로)

  • Yun, Sung-Oak
    • Korean journal of communication and information
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    • v.50
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    • pp.29-49
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    • 2010
  • Various opinions are expressed about the Internet Regulation. Some people argue that it is impossible to control because of the technical characteristics of Internet, while other people argue that it is easy to control. Recently in Korea, a move to reinforce the Internet Regulation through the extension of cyber real-name system is emerging, whereas the concern for its excessive infringement of the Freedom of Expression is increasing. This paper was intended to draw a reasonable direction for Internet Regulation in our society. And accordingly this paper tried to suggest a desirable direction of Internet Control in the future and to draw a criterion for domestic court judgement by analyzing cases of cyber defamation so far. The result of this study proposed that the Freedom for Expression be widely secured in the case of cyber defamation of criticism and political comments upon public officials and that the legitimacy and effectiveness of Internet Regulation be ensured. This result of study is expected to help establish the direction and principle of Internet Regulation in the future around Korea Communications Commission and Korea Communications Standards Commission.

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A Study on the Legal Regulation of 'Fake News' in the Age of Social Network Services : Focusing on the French Les propositions de loi contre la manipulation de l' information (소셜네트워크서비스 시대 가짜뉴스의 법적 규제에 대한 고찰 : 프랑스 정보조작대처법을 중심으로)

  • Sunhye Kwak;Sungwook Lee
    • Journal of Service Research and Studies
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    • v.12 no.3
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    • pp.144-157
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    • 2022
  • This study began by pointing out the problem of domestic media reporting on 'fake news' regulations that frequently appear through the French 'Les proposals de loi control de l'information'case, while still approaching with different standards and perspectives on where to see fake news. In the age of 'social network services', the answer to what the media is, what the news is, and who the reporter is increasingly difficult. While reviewing the long history and background of the spread of fake news examined in this study, it was confirmed that could not determine the concept and scope of fake news, punished, regulated, controlled, or judged simply by one standard. From the perspective of 'freedom of expression' set by the law, we have the authority to express our opinions freely. In addition, 'online' space is a place where fake news is generated and spread, but at the same time, there is plenty of room to act as an antidote. In the end, the only alternative to the damage of long-term fake news will be to create a media environment that allows more high-quality "real news" to pour out, allowing us to develop our ability to judge reliable information through balanced competition among various news in the free market of ideas.

A Thought on the Right to Be Forgotten Articulated in the European Commission's Proposal for General Data Protection Regulation (유럽연합(EU) 정보보호법(General Data Protection Regulation)개정안상의 잊혀질 권리와 현행 우리 법의 규율 체계 및 앞으로의 입법방향에 관한 소고)

  • Hah, Jung Chul
    • Journal of Digital Convergence
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    • v.10 no.11
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    • pp.87-92
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    • 2012
  • In the early 2012, European Union proposed new legal framework, including the right to be forgotten, for the protection of personal data. The new Proposal articulates kind of sweeping new privacy right and there has been debates on its potential threat to free speech in the digital age. While the situation is similar in Korea, I want to introduce the right to be forgotten in the Proposal. Then, I will analyze current legal system in Korea regarding the new privacy right and suggest some guidelines in searching direction for the coming legislation with respect to the right to be forgotten. The right to be forgotten should not have been promulgated without considering fully its effect on the free speech, especially in the society where the voice toward direct democracy or movement toward participation of the citizen, mainly through cyber space or Social Network Services, has risen much higher in Korea. Especially, the new right seems not to cover the control of data subject on a third party where the third party expressing his opinion by posting himself other's personal data on his blog or others.

확장된 가상현실인 메타버스에서의 보안 위협 분석

  • Jeong, Soo Yong;Seo, Chang Ho;CHO, Jin-Man;Jin, Seung-Hun;Kim, Soo Hyung
    • Review of KIISC
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    • v.31 no.6
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    • pp.47-57
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    • 2021
  • 사용자들의 간접 경험 및 다양한 커뮤니티 생성을 위해 사용되었던 기존의 2차원 온라인 세상은 시각적 표현 및 사람의 특징을 반영하는 것에 한계점이 뚜렷하다. 따라서, 보다 현실과 유사한 환경을 구축하기 위해 많은 연구가 수행되었으며 특히, 사람의 행동 및 상태 등을 수집하고 활용할 수 있는 기술이 발전하였다. 그 결과 현실과 유사한 3차원 세계인 메타버스가 새롭게 주목받고 있다. 메타버스는 새로운 신분인 아바타로 사용자들의 높은 자유도를 보장하며 현실 세계와 유사한 활동과 함께 현실에서 경험할 수 없는 서비스를 제공하고 있다. 이러한 메타버스의 발전을 위한 연구가 활발히 수행되고 있지만, 메타버스에서 발생할 수 있는 보안 위협에 관한 연구는 상대적으로 부족하다. 현재, 3차원 세계 구축을 위해 기존보다 많은 종류의 데이터 수집으로 새로운 보안 이슈가 꾸준히 발생하고 있으며, AR, VR 등의 다양한 디바이스 활용과 사용자들의 자유도 보장에 따른 보안 위협이 존재한다. 이에, 본 논문에서는 메타버스에서 발생할 수 있는 보안 위협에 대해 분석하고, 이전의 다양한 연구들을 정리하여 새로운 관점에서 보안 위협을 분류한다. 그리고 해당 위협의 대응방안과 함께 앞으로의 연구 방향을 제시한다.

Effectiveness of the Internet Real-Name Verification Law: Evidence from Self-censorship and Intention to Detour the Regulation (인터넷실명제와 우회로의 선택: 인터넷 공론장 참여자들의 자기검열과 우회로 선택의향을 중심으로)

  • Han, Hye-Kyung;Kim, Eu-Jong
    • Korean journal of communication and information
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    • v.55
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    • pp.50-73
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    • 2011
  • This paper investigates the effectiveness of Real-Name System on Internet, which has been applied to some Internet service provider bulletin boards in Korea. The goal of the Real-Name system on the Internet is controlling expression of slanderous or abusive language. The effectiveness of the regulation is dependent on the people's perceptions and attitude toward to the legislation. This empirical study examines the antecedents that affect the perceptions and attitude toward the regulation. Further, we investigate the relationships among variables such as internet public sphere participation, attitude to the regulations, and intention to choose detours. Results of regression analysis show that the younger and the more progressive individuals are, the more they oppose the implementation of the law. Also, it was found that people who have more political interest and participate more actively in public sphere via internet, tend to oppose the law. Structural equation models reveal that participation in online public sphere drives negative attitudes about the regulation. In addition, people with negative perceptions about the law tend to choose the detours such as 'cyber asylum' and 'service asylum'.

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Moderating Effect of Security Ability on the Relation between Privacy Concern and Internet Activities

  • Hong, Jae-Won
    • Journal of the Korea Society of Computer and Information
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    • v.25 no.1
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    • pp.151-157
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    • 2020
  • This study explored the moderating effects of security ability on the influence of privacy concerns on internet activity using Korea media panel survey data. To this end, we applied between-subjects factorial design between 2 (privacy concern high / low) × 2 (security ability high / low) groups and compared five types of internet activity among four groups by variance analysis. As a result, privacy concerns have a main effect on internet activity, and security ability have a moderating role in this relationship. Despite the privacy concerns, people do their internet activities in order to enjoy the benefit from the internet. This study have academic implication in that it focus on the issue of privacy paradox in terms of the type of internet activity. In addition, practical implications are that, in order to activate online activities of individuals in an internet-connected society, efforts for enhancing their security abilities are necessary.

A Study on Interest Factors of Game-based Metaverse : focused on the topic analysis of user community (게임 기반 메타버스의 사용자 흥미 요인 연구 : <동물의 숲> 사용자 커뮤니티의 토픽 분석을 중심으로)

  • Ahn, Jin-Kyoung;Kwak, Chanhee
    • Journal of Convergence for Information Technology
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    • v.11 no.10
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    • pp.1-9
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    • 2021
  • Although interest in the metaverse increases due to the pandemic, the understanding of the metaverse interest factor, which is an essential element for the sustainability of any metaverse platform, is lacking. This study aims to reveal the interest factors of metaverse services by analyzing user community discourse. We collected user community discourses from and applied LDA to extract topics. Further, we categorize the factors into growth and verifiable indicators, various levels of interaction, self-expression and freedom, and connection with the real world. The content planning direction of the game-based metaverse of utilization was derived. This study is meaningful in that it analyzes the interest factors of the metaverse based on the empirical evidence of user discourse data.

Exploration of the Development Direction of Virtual Exhibition Using 3D Architectural Space (3D 건축공간을 활용한 가상 전시의 발전 방향 탐색)

  • Kim, Jong Kouk
    • The Journal of the Convergence on Culture Technology
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    • v.8 no.6
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    • pp.979-986
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    • 2022
  • In this study, the virtual exhibition using 3D architectural space was analyzed in terms of the viewer's experience. For this purpose, the analysis items of the virtual architectural space include whether the actual architectural space is reproduced, the introduction of surreal elements, the degree of freedom of movement and circulation, the level of photorealism of spatial expression, the level of reproduction of the exhibits and information provision method, and the interaction with other participants. Six virtual exhibition projects designed by a well-known architect were selected and analyzed. Three directions were found through the analysis. First, even when designing a virtual exhibition space with a high degree of freedom, there is a tendency to present a familiar architectural environment. Second, the current method of creating a virtual architectural space is that the method using a 360-degree rendering image and the method using a game engine coexist with pros and cons. Third, the interaction between participants in the virtual exhibition is implemented only by using a game engine. It is expected that the virtual space production environment using the game engine to be developed will become more advantageous in the future.

Portal's Liability for User Reply to News Article, Provided by the News Media -A Critical Analysis on 2005 GaHap64571 of Seoul Central District Court- (언론사로부터 전재 받은 뉴스기사의 댓글에 대한 포털의 작위의무 -서울중앙지법 2005가합64571 판결에 대한 비판적 고찰-)

  • Kim, Gyong-Ho
    • Korean journal of communication and information
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    • v.42
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    • pp.140-167
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    • 2008
  • This study analyzes the legal reasoning of Seoul Central District Court, which imposed legal liability on portals for posting defamatory user replies to news articles, written and provided by the news media, onto their 'News Windows'. Saddling portals with the burden of verifying the facts associated in news articles and imposing the legal obligation as a publisher entail a grave risk of impairment of free flow of information and freedom of expression. Of course, it would ultimately result in tightening up private censorship of information which the Constitution does not allow, and funker keep portals from posting even news articles in which expressed views and opinions are lawful. When judging whether portals should assume liability fur libelous user replies to news articles, it is necessary to distinguish the territory under the direct authority of portals from cafes and bulletin boards managed by third parties. In addition, imposing legal liability above the level of common carrier should be limited to the cases; when portals arbitrarily change the contents of news articles or when the articles portals changed contain libelous contents. Even if those conditions are met, the altered contents should obviously constitute libel. Only in the presence of proof that portals knew the illegality of news articles and did not take proper steps including deleting those replies, should portals not be considered as an accomplice. Nor should portals take responsibility for users' defamatory replies for those reasons.

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