동의 없는 영상의 제작 및 배포로 인한 초상권 침해에 대한 형법적 대응-미국, 독일, 우리나라의 관련법제에 대한 비교법적 연구

The proliferation of electronic devices with camera are causing new versions of concerns about privacy. Even in the moment where the expectation and the right to privacy should be guaranteed, our indoor lives are being recorded and streamed by Internet-enabled IP cameras. Photographs from death scenes or crime scenes, which could lead the victim or his family to suffer serious emotional harm and infringe the deceased’s or the injured’s right to reputation, are posted online and publicly available for viewing. Some refers to these issues in the context of human dignity. They argue that, just as the right to the free unfolding of personality is central to the concept of human dignity, the individual's sovereignty over his personal information should be respected, irrespective of whether a reasonable expectation of privacy could be established. Others resolve these legal issues by deploying a liberty-based principle of privacy. They argue that only those who unreasonably compromise the privacy of an individual can be held liable for that intrusion. In our constitution Scheme, human dignity is framed in an absolute manner and the violation of human dignity is rejected under any circumstances, but our constitution does not afford unparalleled protection to the right to informational self-determination. Also, we need to find a way to balance between the right to informational self-determination and other constitutional rights as well as values. First of all, we need to amend the criminal code to criminalize the production or distribution of intimate videos or images of someone without their consent. The recording and distributing video images that depict the deceased or the injured in a grotesque condition should be also criminally sanctioned. It is urgently needed to create a criminal offense of taking photographs or videos of nude images of a child.