불법유통 플랫폼의 법적 책임에 대한 연구

This study examined the legal liability for link provision and platform operation activities related to copyright infringement occurring through illegal distribution platforms and link sites. Specifically, it reviewed the possibility of establishing civil and criminal liability for link site operators, focusing on the doctrine of contributory liability, analyzed the relationship with online service provider liability limitation provisions, and examined the legal arguments regarding whether links constitute direct or indirect infringement by analyzing domestic and international case law. Furthermore, it examined the regulatory framework of the 2026 Copyright Act amendment’s deeming provisions, which govern acts of knowingly providing links to illegal copies or operating sites primarily for this purpose. It also reviewed how the lack of specificity in defining the requirements for ‘profit motive’ and ‘intent’ undermines the clarity and predictability of the principle of legality, potentially stifling even legitimate information intermediary services. Furthermore, drawing on cases from major overseas countries, it argued that designing requirements to ensure the effectiveness of regulations on illegal distribution platforms and link sites while harmonizing the protection of freedom of expression and access to information is necessary. In conclusion, it was recommended that the elements for deeming infringement should be limited to ‘systematic and repeated provision of links’. This should be accompanied by presumption of knowledge based on objective circumstances such as the rights holder’s notice, history of repeated blocking, and illegality of all content, while ensuring an opportunity for rebuttal. Furthermore, legislative follow-up measures, such as refining the exemption provisions for online service providers, and the introduction and expansion of dynamic blocking orders centered on the judiciary, are necessary. In conclusion, it is believed that fundamentally clarifying the legal liability and scope of illegal actors can achieve a balance between copyright protection and the development of innovative online services.