초상과 성명의 보호에 관한 연구* - 초상권과 성명권의 침해구제를 중심으로 -

One who appropriates to his own use or benefit the name or likeness of another is subject to liability for invasion of his privacy. “Privacy” right is defined as personal and non-assignable right to be free of embarrassment and humiliation. However, in order to protect the pecuniary value of name or likeness, the right of publicity arose from the right of privacy. It serves two primary purposes: (1) to protect all persons from the anguish that may accompany the unwanted use of their identity; and (2) to protect the property interest that persons, especially celebrities, have in their identities. There is no right of publicity statute in Korea and torts include appropriation of individual's identity such as name and likeness for advantage. Recently, the Congress made two bills of amendment copyright law. One defines the right of publicity as copyright. The other suggests new remedy for infringement of copyright on the Internet. It includes the order of the Minister of Ministry of Culture, Sports and Tourism to (1) shut down the individual user's internet cafe or blog, (2) suspend or cancel the individual user's account, and (3) suspend or cancel the information and communication service. However, there is criticism that whether publicity is copyrightable and the Minister's order may invade free speech right. Nevertheless, it is appropriate to protect publicity by copyright and it is needed to find new ways to protect publicity in the Internet.