인터넷 명예훼손의 피해구제와 이용자보호

Generally speaking, it is conventional that the jurisprudential discussion on defamation has advanced over balancing with freedom of speech and press as constitutional human rights. And there is the communications space that is called internet. Currently there is two major laws regulating internet defamation. The one is Data Protection Act, whose original name is 「Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.」 and the other is Press Arbitration Act, whose original name is 「Act on Press Arbitration and Remedies, etc.」. Under Data Protection Act, any person whose legal interest is infringed on by the information which is provided for the public utilizing information and communications network may ask the services provider handling the relevant information to delete the information or run his refutal in such information. And KCSC(Korea Communications Standards Commission), which is established by 「Act on the Establishment and Operation of the Korea Communications Commission」, performs the conflict resolution for defamation of character, deliberation on the claim for the information offering to the users for prompt and fair relief to the rights of victims in case of occurring the violation of another's rights such as the violation to the privacy or defamation of character caused by the information floating through the information network. Meanwhile, The Press, Internet, and Internet multimedia broadcasting shall not infringe other persons' personal rights such as the rights of reputation or personal worth and such damage shall be remedied promptly in accordance with the procedures in cases where the press, etc. have violated any other person's personal rights under Press Arbitration Act. And PAC(Press Arbitration Commission) is established to settle disputes arising from the report or medium of the press, etc. and has control over disputes on 'internet news service', which means any electronic publication that continue to provide or intermediate press articles via the internet such as portal web-site. Therefor authorities between PAC and KCSC may collide. From the viewpoint of administrative operation law, a redundant regulations or excessive regulation or legislative vacuum will not be engaged by careful analysis of regulatory system and the contents of the current legislation. Consequently, this article reaches the conclusion that those requests are even more desperate from the viewpoint of remedies against damages caused by internet defamation and user protection.