인터넷상 명예훼손에 대한 손해배상청구 및 금지청구 소송의 국제재판관할 - 유럽사법재판소의 2017년 Bolagsupplysningen 판결과 2021년 GTFlix TV 판결의 분석 -

In determining international adjudicatory jurisdiction over cases of internet defamation, if Korean courts adopt the European Court of Justice’s mosaic approach and its concept of the “center of interests” for interpreting Article 44 of Korea’s Private International Law Act, they may exercise jurisdiction over both claims for total damages and injunction only when Korea is considered the center of interests. Conversely, if Korea is merely seen as a location where content is accessible rather than the center of interests, Korean courts may only have jurisdiction over damages limited to harm occurring within Korea. However, it is not mandatory to adopt the European Court of Justice’s approach without adaptations. Nonetheless, attention should be given to the criteria proposed by the European Court of Justice for determining the center of interests, including factors such as the center of the victim’s primary business activities, the center of the victim’s commercial reputation, the location of the website where the defamatory content was posted, and/or the language used in the defamatory content. Moreover, it needs to assess the geographical divisibility of claims among different countries by considering advancements in geo-location technology and variations in legislative attitudes towards defamation across different jurisdictions.