Web 2.0 시대의 민사법적 과제

Online Service Providers are playing a key role in the age of Web 2.0. Especially, so-called “Portal Site” gives a huge effect to our society and economy. According to the change of role in the society, the degree of liability of online service provider by third parties’ illegal acts is getting higher. At least, expectation level of society on the liability of OSP seems to be considerably high. So, legislators have tried to make laws for protecting internet users. On the other hand, it’s necessary to make a provision on the limitation of OSP’s liability at the early days because of development of business. But, Korean Supreme Court decided that OSP is liable on distribution of news including contents infringing other’s right because it selected and arranged news provided by several newspaper companies. However, the court decision and the present provision on liability * Professor, Kyungwon University College of Law. limitation are a little bit questionable. This thesis tries to give an legislative opinion. Consequently, it is necessary to concretize the concept of OSP, and change optional mitigation and remission of liability in the existing law into mandatory exemption of liability through legislation.