사이버상의 표현의 자유와 포털의 책임 - 2009. 4. 16. 대법원 판결(2009. 4. 16. 2008다53812 손해배상(기)등)에 관한 평석-

Of domestic hot issues in April this year, a contradictory judicial decision about freedom of speech and responsibility in cyber space has particularly caught our eyes. On April 16, 2009, the Supreme Court ruled that the responsibility of defamatory expression on internet should lie with portal site thereof, restrictingthe freedom of speech relatively, while on April 20, 2009, Seoul Central Court gave a decision of ‘not guilty’on Minerva Mr. Park, who was renowned as Internet economic pundit, on the grounds that ‘What he posted on Internet was rather exaggerated but with no intent of damaging the public good’ The former judgment deals with the responsibility of portal sitesabout the freedom of speech that individuals can exercise, while the latter one deals with the freedom of speech of individuals on Internet. Nonetheless, the main common point of two cases lies in the matter of freedom of speech on Internet. This thesis deals with the followings with respect to the decision of the above Supreme Court: (II) What responsibility the Supreme Court lays to portal sites in connection with news posting as the press; (III) How or in what extent the conflicting relation between the Internet users’freedom of speech and protection against defamation is mediated, and what matters there are with respect to the infringement to freedom of speech that is caused by laying the responsibility thereof to portal site’s manager. The decision of the Supreme Court apparently focuses on protection against individual’s defamation, but substantially it calls journalistic or press nature of Internet portal sites to account. So, it gives an undeniable impression that the decision restricts the freedom of both conscience and business that portal sites can exercise rightfully, and freezes the freedom of speech that Internet users or individuals can exercise rightfully.