• Convergence Security Journal
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• v.14 no.3_2
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• pp.51-59
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• 2014

Korea also has tried to regulate the obscenity which is floating on the Internet in order to protect mainly minors. There are many statutes enacted to prohibit circulating pornographies to minors. However, there were minors who independently disseminate the pornographies to other minors. In the end, I can tell that existing statutes have not at least effectively regulate the obscenity on the Internet. Therefore, this article examines a possible limit of pornography on the Internet for the protection of minors, reviewing the CDA and the U.S. Courts' decisions. This article also examines the existing statutes' standard for regulating obscenity on the Internet in Korea. In addition, the article also tries to make a proposal to Korean legal systems that govern the obscenity on the internet.

• Digital Contents
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• no.9 s.112
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• pp.52-59
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• 2002

인터넷의 보급과 함께 세계적으로 문제가 되고 있는 것 중의 하나는 바로 스팸메일이다. 따라서 각 국은 스팸메일에 대한 법적 규제를 통해 사용자의 피해를 줄이기 위해 노력하고 있다. 본고는 일본의 경우 스팸메일에 대한 법적 규제를 고찰하고 있다. 또한 일본에서 신규제정된 법과 구법을 비교고찰 함으로써 법률의 변화를 살펴보고 있다. 우리나라의 법적 규제와 비교 및 참고가 되기를 바라면서 본지에 게재한다.

• The Journal of the Korea Contents Association
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• v.20 no.2
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• pp.248-264
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• 2020

This study aims to analyze the social and legal status of Internet personal broadcasting in Korea and propose the direction of personal broadcasting regulation based on overseas regulatory laws and the media characteristics of Internet broadcasting. The influence of Internet personal broadcasting has increasing, and social and legal problems such as pornography and fake news have also growing. In the absence of legal regulations on personal broadcasting on the Internet, academia is also discussing relevant legislation and policies at a general level of analysis. In addition, the current study argues that new legislative research is needed to respond to the rapidly changing media environment and to cope with the newly introduced Internet broadcasting content and platforms. The findings suggest that freedom of expression is a significant value, yet obscene materials for minors should be thoroughly regulated, and that internet personal broadcasting should be regulated to the minimum extent through self-regulation guidelines through cooperation between councils and related agencies or businesses. The significance of the current study indicates that it proposed the practical and concrete laws for the improvement of the quality of Internet personal broadcasting content, the establishment of new broadcasting policies for fair and diverse content development, and the efficient and fair regulation of personal broadcasting content.

• The Journal of the Korea Contents Association
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• v.13 no.11
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• pp.690-698
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• 2013

Advanced digital environment, ease of life would bring significant benefits, but rather indiscriminate access to information have occurred new social problems. Especially the youth and children using the Internet to increase in population resulting from harmful information on the Internet, concerns about the negative impact increases establish policies for the protection of youth and children emphasizes the importance of various activities international community. Despite major countries aim to self-regulation minimize the direct regulation through collaboration with the private sector cultivation and campaign, continuing education, Korea was analyzed that implement direct and coercive enforcement regulations such as 'internet game shut down' and insufficient social infrastructure to create activities. Therefore, in order to create a positive internet environment, self-regulation is essential with private experts and organizations based on cooperation and indirect regulation.

• Korean journal of communication and information
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• v.58
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• pp.106-129
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• 2012

Social Network Service(SNS), which are an emerging form of political architecture, have been a political means to promote civic engagement and shape pubic opinions on social issues. Along with the influence of SNSs, the governmental control on the dissemination of information over SNSs has increased more and more. It would be ideal if the autonomous governance regulates SNSs which facilitate the networks of the dispersed people. It is the fact, though, that compulsory regulations under which the government controls impose policy and legal restrictions on political expressions. The current study addresses expressive and participatory nature embedded in technological characteristics of SNSs and discusses the problems of content regulations of political expression over SNSs. First of all, it is analyzed that light touch regulation or light touch monitoring should be applied to regulating content on SNSs, particularly political expressions. Constitutional Court proclaimed that legal restrictions on the Internet could infringe basic rights of the people and thus under unambiguous standards, the Doctrine of Clear and Present Danger should be applied to its content. Second, it is found that clarifying the definition of illegality in the application of legal restrictions is necessary to minimize the excessive misleading. Third, it is required that Korea Communications Standards Commission under the government control needs to change in determining the scope of illegal information. In a domestic level, there needs to be safeguards for the protection of the self-regulatory organization such as KISO to guarantee voluntary and autonomous regulatory practices.

• The Journal of the Convergence on Culture Technology
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• v.5 no.4
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• pp.289-294
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• 2019

Although regulation generally shall be based on the law, many regulations are not based on legislation. Shadow regulation that is not mandatory but functions as regulation may be developed and enforced by non-govermental body. This article examines shadow regulations of copyright protection online of the US, the EU and the UK and draws their implications for Korea. In case of self-regulation, the following factors shall be considered: to acquire the technology to filter copyright infringement and to solve the problems arising from the application of it, to prevent the infringement of freedom of expression, to ensure the appropriateness of the sanctions imposed on the alleged copyright infringement, to ensure the participation or monitoring of internet subscribers in the negotiation between the internet industry and copyright holders, and to clarify the government's role and responsibility.

• Journal of Science and Technology Studies
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• v.4 no.1 s.7
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• pp.83-110
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• 2004

This article examines the legislation process of internet contents regulation through three phases from a policy network point of view. In the first phase, heated debates were initiated during the public hearings after the Ministry of Information & Communications announced its plan to introduce the internet contents grading system During the second phase, bills were submitted to the Standing Committee of the National Assembly, where the bills were deliberated, passed, and promulgated. In the third phase, issues on enforcement ordinance were resolved as the degree of conflict was mitigated. Policy network during the first phase started in a conflicting and distributed form, but has evolved into a conflicting and centralized form. The appropriate closure of the debate on the internet contents regulation can be explained by the structure of governmental departments, the character of new technology, and the mobilization of general public.

• 정보보호뉴스
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• s.138
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• pp.30-31
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• 2009

최근 몇 년간 정보보호가 사회적 이슈로 자리 잡았다. 사회적 이슈라는 단어가 일반인들에게는 정보보호와 관련된 사건 사고로 이해될 수 있겠지만, 기업의 관점에서는 정보보호와 관련된 법률과 규제에 대한 대응의 다른 이름이기도 하다. 정보보호는 비즈니스 측면에서 예상치 못한 비용을 발생시킬 수 있으며, 소비자와 기업 간 분쟁의 원인이 되는 하나의 리스크가 된다. 이 리스크를 차단하거나 줄이기 위한 가장 효과적인 방법은 기업 스스로의 자발적인 노력이 전제되어야 한다. 그런 면에서 CJ인터넷 보안팀은 '자발적 노력'이라는 단어가 참 잘 어울리는 곳이다.

• Journal of the Korea Society of Computer and Information
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• v.17 no.8
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• pp.163-170
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• 2012

Nowadays Internet is the greatest and most participating media of prompting expression with 37 million users in Korea. Internet enables collective communications between social members and contributes to form sound public opinions and to develop democracy while it has negative aspect to distribute massively crime by illegal posting which is forbidden by the Criminal Act. Criminal actors who involve to diffuse information on Internet consist of three categories of information provider, user and internet service provider. Illegal posting generated on Internet is originated from IP and the criminal regulation on it is useless and meaningless because of its countless of users and ambiguous boundary with liberty for expression. Accordingly, the only criminal policy means to prevent danger by illegal posting on Internet is to regulate ISP which saves illegal posting and mediates contacts among users. In spite of it, legislation to regulate ISP is unprepared. The prudent legislative review should be done. And it should be accordance with the doctrines of propriety and vagueness of the principle of "nulla poena sine lege".

• Informatization Policy
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• v.30 no.2
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• pp.3-21
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• 2023

The recent Internet environment demands a new approach to Internet content regulation. The need for regulation on the Internet has been recognized due to the rise of digital sex crimes, illegal information such as drugs and suicide, fake news, hate speech, false consumer reviews, and harmful content for young people. This article attempts to analyze the legislative, judicial, and administrative aspects of Internet content regulation in Korea. It covers the current status and characteristics of the Internet content regulation law, the judicial judgment on KCSC's communications deliberation and regulation, and the process and characteristics of KCSC's communications deliberation. Problems in Korea's communications deliberation system were addressed through legislative, judicial, and administrative approaches. This article concludes with policy suggestions for improving Internet content regulation in Korea.