이용자의 불법행위에 대한 온라인서비스제공자의 민사책임

A Study on The Online Service Provider’s Civil Liability for The User’s Torts There have been so many unlawful acts in cyberspace. They have come from the anonymity of offenders, very speedy propagation, no limits of room in cyberspace. We have troubles identifying offenders and relieving the damaged from so much damage in physical and spiritual aspects in present law systems about the liability of offenders. To solve those troubles, we allow the victims are able to access the cyber space. We have discussed and legislated variously to settle the troubles in delivering the damaged in On-line service. As a result we make the providers of On-line service be partly responsible for the offences in cyber space. There are many legislations to settle these problems in USA, EU, Japanese and the leading countries. Those legislations are called the special regulations. It clarified the conditions and the limits of the liability and terminated the considerable unstableness of On-line Service Providers. Additionally it is revealed that the broad exemptions from the contents of the responsibility for the unlawful acts which can be recognized. This tendency includes the political intention that all the parts of Politics, Economy, Society etc should be reorganized thorough the internet and the ability of the country in Informations and Communications controls the future of the country. Therefore, in Korea, we must deliberate on the strengthening of national competitive power and the pursuit of international balance which is followed the actual internet-circumstance and the revitalization of On-line Service Business, and then we should legislate to settle the troubles in On-line Service.