• Journal of the Korean BIBLIA Society for library and Information Science
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• v.12 no.2
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• pp.141-162
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• 2001

This study focuses on“Intellectual Freedom”based on the fundamental principles of library user services in Western countries. Particularly, this paper pursues to the philosophical foundations of“the freedom of expression”. It also studies how“the freedom of expression”was restrained by pursuing the definitions of“pornography”and “obscenity”in terms of the court's opinions of The Supreme Court of the United States. Also, PICS and the Communication Decency Acts were discussed.

• Journal of the Korea Society of Computer and Information
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• v.22 no.10
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• pp.151-157
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• 2017

In the case of uploading privacy information of an information owner in the Internet, the information owner may want to deliver the privacy information itself or remove such information from the search list in order to prevent third parties from accessing the privacy information of the information owner. Such a right to be forgotten may collide with the freedom of expression of a third party. The right to be forgotten, which originates from the self-determination right on privacy information based on Article 10 and 17 of the Constitution and the freedom of expression, which is based on Article 21 thereof are all relative basic rights and are both limited by Item 2 under Article 37 of the same law, which is the general limitation provision for the basic rights. Therefore, when the right to be forgotten and the freedom of expression collides, it is not possible to give priority to one of the those unilaterally. It depends on the nature of the case at hand to find a natural balance for the harmonious solution for both parties. The criteria can be the sensitivity to the privacy of the information owner caused by the disclose of the privacy information, the public benefits such information may serve, the social common good that could be expected by the disclosure of the privacy information and the damages suffered in terms of the personal interest caused by the disclosure of the information, in a comprehensive manner.

• Journal of the Korean Society for Library and Information Science
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• v.53 no.3
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• pp.291-315
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• 2019

The aim of the present study was to compare the research trends on disinformation between Korean and abroad. To achieve this objective, a total of 283 author-assigned English keywords in 104 Korean papers and 3,551 author-assigned English keywords in 861 abroad papers were collected from the whole research fields and the publication periods. The collected data were analyzed using NetMiner V.4 to discover their 'degree centrality' and 'betweenness centrality'of the keyword network. The result are as follows. First, the major research topics of disinformation in Korea were drawn such as 'Freedom of Expression', 'Fact Check', 'Regulation', 'Media Literacy', and 'Information Literacy' in order; whereas, in abroad were shown like 'Social Media', 'Post Truth', 'Propaganda', 'Information Literacy', and 'Journalism' in order. Second, in terms of the influence of research topics related to disinformation, in Korea were identified such as 'Fact Check', 'Freedom of Expression', and 'Hoax' in order; whereas, in abroad were shown such as 'Social Media' and 'Detection' in order. Finally, in an aspect of intervention of research topics related to disinformation, in Korea were 'Fact Check', 'Polarization', 'Freedom of Expression', and 'Commercial'; whereas, in abroad were 'Social Media', 'Detection', and 'Machine Learning' in order.

• Journal of the Korea Society of Computer and Information
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• v.17 no.5
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• pp.177-183
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• 2012

There occur various crimes in cyber space hiding behind anonymity to avoid punishment by criminal law. One of the most serious crimes committed in cyber space is defamation against others under the cloak of freedom of expression. The infringements by defamations in cyber space are made all of a certain and widespread that the victims have no time to react, and for that reason, the shocks by the defamation are much serious and severe compared with that committed in off line. However, press and publication shouldn't infringe on other's honors, right, public order or social ethics in liberal democrat society which values much the human dignities and values as stipulated in Article 21 section 4 of the Constitution. Protection of personal honor is also the basic rights guaranteed by the Constitution as much as the freedom of expression, and by extension, such harmful behaviour shouldn't be included in the freedom of expression area. In this way, slander can be considered as the minimum limitation of the freedom of expression.

• 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.

• The Journal of the Korea Contents Association
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• v.8 no.4
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• pp.164-172
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• 2008

For a long time, the basis of Korea Broadcasting law and regulation system has been center around television, This is not much different from other countries. This study is based on research of Korea Broadcasting law and regulation system. It precludes all doubts that freedom of broadcasting is one of those fundamental human rights that constitute the comer stones of democracy, just as is the case with the press. The objective of this study is to explore the practical meaning and the structure of regulations on the freedom of broadcasting under the Constitutional of the Republic of Korea, From the viewpoint of freedom of expression. For these purposes, this study inqures into the meaning and legal characters of freedom of Korean Constitutional Law, and the structure restricting freedom of broadcasting on the ground of functions and role of broadcasting in our contemporary society, comparing with those of the Unites states of America and the Federal Republic of Germany.

• International Journal of Computer Science & Network Security
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• v.21 no.12spc
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• pp.544-548
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• 2021

Scientific and technical development, as well as the emergence of new types of contracts, which do not have their expression in current legislation, force us to explore the issues of contract law to adapt to change. In this context, the principle of freedom of contract is fundamental, which states that each person has the right to enter into a contractual relationship at his discretion. However, such freedom is not absolute, because the freedom of one person should not violate the freedom of another. Together with the conflict of private and public interests, these phenomena are a field for the study of topical issues of theory and application of the principle of freedom of contract in practice. Research methods are philosophical, general scientific, and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis, etc. As a result of the research, the main characteristics of the principle of freedom of contract, its role for private law regulation of contract law are given; approaches to understanding the restriction of contract freedom are analyzed; typical examples and means of such restrictions are identified; demonstrated how contract freedom is embodied in the use of IT tools, which types of contracts are most common in the digital environment.

• Asia-Pacific Journal of Business
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• v.12 no.1
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• pp.41-56
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• 2021

Purpose - This empirical study examined the influence of post-communist countries sociol-political factor of freedom of expression preconditioning, and trust in agency, mediating performance expectancy of social media users representing the citizens' behavioural intention to utilize social media in a post-communist country, the case of Mongolia. Design/methodology/approach - This research collected 403 valid survey data from citizens those who use social media in Mongolia. The study used Partial Least Squire (PLS) analysis with the research conceptual model founded on the UTAUT model. Findings - The study shown that citizens in post-communist, they strongly willing freedom of expression, which driving as a positive precondition factor, and this has an indirect positive influence, and trust in agency mediates to enhance performance expectancy. Social influence, and effort expectancy factors have direct positive influence on the intention to use of social media systems in the public sector domain of Mongolia. Research implications or Originality - This research proposed a new model to test citizens' intention to use social media as a communication tool to engage with public organizations in the pre-adoption stage of post-communist countries. Theoretically, this research builds up to the unique theoretical contribution with social media by examining a new social media-based third-party intercommunication medium, incorporating intent to utilize for citizens with government in post-communist countries. Practically, this article lays out the directions to aid social media usage for government sector with concerning citizens intentions in the post-communist situation.

• Journal of Arbitration Studies
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• v.31 no.4
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• pp.71-97
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• 2021

The meaning of the amendment to the Media Arbitration Act in our society is not limited to media companies. And it's not just a problem for a specific group. It expresses public value because it is an issue that can affect members of society as a whole and furthermore, it becomes a bill that can infringe or strengthen individual freedom guaranteed by the Constitution, but makes different arguments. Freedom of speech is not achieved in a day and should not be easily lost by someone. Although it is not a frequent problem, fatal threats arising from wrong media reports take away an individual's present and future. It is because of this problem that the responsibility is important. Freedom of speech and control are heading in different directions, but they are the same as the front and back of the coin. The freedom pursued is different, but it consists of one body. If freedom and responsibility of speech made up of one body criticize or ignore each other, the results are scattered into a distorted On the other hand, the flexion of responsibility without freedom serves as a speaker that conveys the ideology of some classes or represents the interests of a particular group. The fact that the media should act as the air of society means that it should represent the interests of the majority, make them aware of the rights of unfair or marginalized members, and be their strength.

• Journal of Digital Contents Society
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• v.18 no.7
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• pp.1333-1339
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• 2017

Parody is credited for one of the forms of artistic presentation, and the utilization has been increasing day by day. However, there is no clear regulation in legislation or case. Parody is usually made without authorization to exploit of original author, so there is a lot of controversy over its infringement of copyright. Constitutional Law guarantees the freedom of expression and that of art, but it protects the author's right as well. So it is important how settle the collision of fundamental rights. It is expected the development of a variety of discussion on parody from the views of the basic value the Constitution pursues and the improvement and development of the culture that is the purpose of Copyright Act.