인터넷신문기사에 관한 형사법적 문제

The Cyberspace was different from existing one-way and fragmental media to make the most participating market and to function as a speech-enhancing medium. However, the growth of digital networked communication has presented some troubling questions for the legal field. The purpose of this study is to make a comparative study of the application of criminal law on newspaper and internet newspaper and to determine cyber juristiction in connection with internet newspaper's defamation. In relation to defamation in newspaper, applications of not only honor related crime of Article 309 of the Criminal Law but also defamation of character of article 70 of the Criminal Law of Information and Communication Network should be investigated. The reason of special illealty of Article 309 of the Criminal law could funcion as a tool of harmonious solving at conflict of basic rights such as freedom of expressions as well as honorary rights. Therefore, presentation of true facts for public benefits could not be punished. that is a basic principle. And the defamation of character on internet newspapers had different applicable laws and regulations and punishment because transmission media were different despite of having same contents as those of paper newspaper. Therfore, the Law of Information and Communication Network should be applied to defamation of character created by publications to find out legal improvements. And the study examined special problems at internet. the subject of honor and act of ID could not be generally acknowleged. and it is relations with netizen's messages attached to news articles. finally, This studies on determination of cyber juristiction in connection with internet newspaper's defamation. Legal concepts as jurisdiction can be comprehended in relation to territory. but is cyberspace jurisdiction founded upon cyberspace territory? this question is a basic problem of criminal jurisdiction to adjudicate.