사이버공간에서의 민사적 법익보호 모델에 관한 연구- Calabresi-Melamedian 이론과 그 대안을 중심으로 -

Nowadays, the cyber space being formed newly has contributed to heightening individual’s right and legal interest by making individual’s activity area broadened. However, with this situation, the violation of individual’s right and legal interest being occurred in the cyber space, is closely connected with the technological characteristics of internet, so the ways of protection from this kind of violation have been concerned so much. That is because traditional civil liability rules do not meet the cyberspace requiring economic effectiveness and do not have the general standard of activity about the violation of legal interest in the cyberspace. Therefore, the necessity that the model on the legal protection of civil right about individual’s right and legal interest should be made has been raised. The cyberspace based on the internet affects civil liability rules. The essence of internet lies in economy, rationality, convenience and ubiquity. These qualities have a common concept of ‘effectiveness’. By the way, effectiveness in economics means the status of distribution maximizing the value of limited resources and this kind of effectiveness in the standard analysis is the basis of legal determining because it is considered a value. Therefore, this article tried the solution of legal problem in the cyberspace from the theories of “Social Cost” by Coase Theorem and “Legal Entitlement Thesis” by Calabresi-Melamedian which are the models of civil legal protection in the cyber space. In this article, the developed process of the entitlement theory was primarily surveyed for general understanding about the frame of legal economy which can cover the various legal protection in the cyberspace. Then, whether the entitlement theory to protect civil legal interest can be applied for was researched. Finally, if it can be applied, what legal doctrine can be applied was researched.