사이버명예훼손에 있어서 포털서비스제공자의 불법행위책임

This focus of this paper is on the tort liability of a PSP(Portal Service Provider) for Cyber-Defamation. On the internet uploading space of the PSP's offering, if contents invading others' reputation are uploaded, the issues are whether the PSP is liable for damages. A primarily liable person as to uploadings invading other's reputation on the internet is one directly uploading it. So although the internet uploading space offered by search function of the portal service made its access easy, the PSP is not liable due to the above circumstance unless management liability is separately acknowledged. There is the PSP's deletion duty of defamation uploadings. Still, the PSP bears the tort liability in case of leaving as it is the defamatory notice. It is reasonable to limit the PSP's deletion duty of defamation uploadings, barring special circumstances, to where the PSP received 'deletion request' for 'concretely and separately specified' uploadings of defamatory contents from the victim; furthermore, the existence of defamatory unlawfulness in uploadings is 'obviously' recognized, and such measure of deletion, etc. is possible 'technologically and economically.' But, even so, if the PSP excessively interferes with uploaded expression for fear of liability for legal interest invasion and damages due to defamation, it imposes restrictions on internet users' freedom of expression. Thus, the PSP's duty of management shall be limitedly acknowledged within the scope where invasion on others' legal interest by obviously unlawful uploadings can be recognized and managed by the PSP. The scope of legal liability of the PSP should be set after balancing the protection of legal interest of freedom of expression against the legal interest of personality such as individual reputation.