인터넷실명제 위헌결정과 공동체 자율규제에 관한 헌법적 고찰

The purpose of this study is about the issue on whether problem solving method through legal and institutional complement such as expansion of review board to evaluate contents on the internet and reinforcement of investigative agency for defamation as part of follow up for government measure are adequate. In other words, this is regards to the method for reasonable and proper regulation which also could guarantee the freedom of expression on the internet to the utmost limit for the public. Today, dominant structure of Internet is formed with ‘netizen’, ‘internet private government’ as an online service provider, nation and also ‘internet community’ influencing on culture formation in the cyberspace. Above all ‘internet community’ in the system of the internet space ‘participation’ and ‘democratic’ is the very important factor due to the nature of its structure. Therefore the need for rational self-imposed regulation is extremely great in the consideration of the reason that the internet online service provider is holding a prominent position in relationship with netizen as user. Furthermore, there will be more possibility of increasing risk for private censorship by burdening excessive legal liability. And to conclude, it is necessary to place confidence in self-imposed regulation which tries to minimize the restriction from law and policy and prioritizing the value of expression for democracy even though the level and the outcome are not sufficient still.