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Criminal liability of Internet Service Provider who leave illegal positing to take its own course

  • Journal of The Korea Society of Computer and Information
  • Abbr : JKSCI
  • 2012, 17(8), pp.163-170
  • Publisher : The Korean Society Of Computer And Information
  • Research Area : Engineering > Computer Science

in chang yoo 1

1중부대학교

Accredited

ABSTRACT

Nowadays Internet is the greatest and most participating media of prompting expression with 37 million users in Korea. Internet enables collective communications between social members and contributes to form sound public opinions and to develop democracy while it has negative aspect to distribute massively crime by illegal posting which is forbidden by the Criminal Act. Criminal actors who involve to diffuse information on Internet consist of three categories of information provider, user and internet service provider. Illegal posting generated on Internet is originated from IP and the criminal regulation on it is useless and meaningless because of its countless of users and ambiguous boundary with liberty for expression. Accordingly, the only criminal policy means to prevent danger by illegal posting on Internet is to regulate ISP which saves illegal posting and mediates contacts among users. In spite of it, legislation to regulate ISP is unprepared. The prudent legislative review should be done. And it should be accordance with the doctrines of propriety and vagueness of the principle of "nulla poena sine lege".

Citation status

* References for papers published after 2022 are currently being built.