• Korean journal of communication and information
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• v.41
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• pp.108-144
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• 2008

This study examines how the watchdog concert in journalism field has been created and develope4 Related studies found that the watchdog is related not so muck with free press theory as with a privilege awarded to the press because the press serves for the public interests. It was found that in the U.S., the watchdog concept was derived from the a lot of libel cases in the late 1890s. At the time, the newspaper owners and editors continuously claimed the very protection over vulnerability of newspaper's collecting, reporting, and printing news. While, in Korea, the concept of watchdog emerged in the late 1990s after the establishment of the Constitution Court. Even though the watchdog concert was accepted very late by the Korean courts, it is believed to be a kind of special privilege to prevent the press from being recklessly regulated in libel cases. Rather, the Korean courts expand the extent of the role of the press as a watchdog by deciding that not only the public officials and politicians but also other socially influential public figures could be included in the criticism from the press. However, how these court decisions can be practically implemented depends upon how the court apply the probability of the press to believe the news true and intention of malice in writing and publishing the stories.

• 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.

• Journal of the Korea Society of Computer and Information
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• v.17 no.1
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• pp.227-233
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• 2012

Recently, violence in cyberspace has been increasing and it causes not only severe emotional distress to the victims but also hampers a healthy cyber culture. This paper aims to find out about characteristics and the actual state of Cyber-Violence, and Evaluate the measures concerning it. Cyber crime is characterized as non face to face, anonymity, non-limitary, difficulties in attracting evidence, the Cyber Violence of these cyber crimes was shown in the form of cyber-insult, cyber-defamation, cyber-stalking, circulation of cyber-pornography, and that is the reality there are lack of practical measures. As a measure for protection the establishment of positive laws are needed on the cyber-contempt, adopting the Internet real-name system, strengthening the ISP's responsibility and legislation for criminal penalties. As a more fundamental measure, a greater effort of netizen's self-purification and systematic training and promotion for the prevention of damage is necessary.

• Korean journal of communication and information
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• v.34
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• pp.161-195
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• 2006

Standing to sue has become one of the most important and controversial issues in suits between the press and the victims injured by the press reports. Even thought Korean law was patterned after the European legal system, there is no denying that the Korean Constitution was influenced by that of the United States. The judicial system was also influenced by its counterpart in the United States. The doctrine of standing to sue has plagued the U.S. Supreme Court for several decades. The traditional test of standing in the federal courts was, at the beginning of the century, whether the interest asserted by the plaintiff amounted to a 'legal right', entitled to the protection of the common law. In recent years, the Supreme Court seems to have settled on a two-tiered method for determining whether a plaintiff has standing to sue in federal court. The first level of inquiry is the constitutional core, and the second is the judicially imposed prudential limitations. The purpose of this study is to find out the doctrine of standing in the legal proceedings caused by the press reports. The press needs to internally transform as well to prevent legal dispute, enforcing confirmation when collecting news materials and building up the device for pre-examining the news. The press is also requested to help sincerely the victim recover, realizing that they waste their reputation and credit not to mention a lot of time and monet during the legal dispute.