인터넷 내용규제와 지배구조 모델에 관한 연구

On the internet, content-related problems have been largely identified and categorized as illegal and harmful content. There have been many initiatives to deal specifically with the existence of illegal and harmful content over the Internet and these include an emphasis on self-regulation by Online Service Providers. But Online Service Providers must perform a role as information circulators on the internet. If so, Online Service Providers are indecisive over roles between controllers of illegal and harmful content and information circulators on the internet. Furthermore, Online Service Providers shape internet governance as forms of company that earn the economic profit. So, if Online Service Providers consider the economic profit to the highest value, they may be able to infringe on people’s rights e.g. the freedom of expression on the internet and economic rights on the internet. On the constitutive constitutionalism, we must contemplate the expansion of constitutional principles as state action doctrine in private sphere on the internet. But state action doctrine provoke the freedom in private sphere. So, we should enhance publicity on issue about the range and limit of application of state action doctrine reflected the spirit of constitutionalism in accordance with the era of the internet.