인터넷 포털사이트를 통해 유통되는 VOD서비스의 음란성에 관한 연구

In the year of 2005, VOD Providers who made VODs for adults and provided them to portal site, and CEOs of portal sites which provided those VODs to Internet adults users were prosecuted in violation of §65(1)(ⅱ) of 「Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.」. The clause provides "A person who has distributed, sold, rented, or openly displayed obscene codes, letters, sounds, visuals, or films through information and communications network shall be punished by imprisonment with prison labor for not more than 1 year or by a fine not exceeding 10 million won". From the year of 2006, the judgments of the courts begin to be issued. These judgments of the courts have critical problems from the viewpoint of followings. Firstly, the judgments of the courts made a mistake by differentiating standards of obscenity medium by medium. 'Obscenity' is not the concept that the standard can be changed medium by medium. Secondly, the judgments of the courts made a error by confusing 'regulation system of illegal content' and 'regulation system of harmful content'. Confusing 'regulation system of illegal content' and 'regulation system of harmful content' provokes unconstitutional consequence because of infringment of adult's right to know. Thirdly, the judgments of the courts made a mistake by not respecting Korea Media Rating Board's rating of concerned VODs. The media or content rating of public authority like Korea Media Rating Board is a process of reflecting contemporary common ideas on sexual speech or obscenity. Therefore the courts should respect the media or content rating opinion of Korea Media Rating Board in judging whether concerned speech is obscene.