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Study on the Civil Legal Remedies against Cyber Defamation

  • Journal of The Korea Society of Computer and Information
  • Abbr : JKSCI
  • 2018, 23(3), pp.93-100
  • DOI : 10.9708/jksci.2018.23.03.093
  • Publisher : The Korean Society Of Computer And Information
  • Research Area : Engineering > Computer Science
  • Received : February 12, 2018
  • Accepted : March 14, 2018
  • Published : March 30, 2018

park 1

1광주여자대학교

Accredited

ABSTRACT

Cyber defamation is the act of damaging the reputation of the other person on the Internet, and the act of attacking by the commenting the article through a word or blog. The reason why punishment is stronger than general contempt is that the nature of crime about defamation is worse than contempt. Also, punishment intensity is higher than defamation because the nature of cyber information spreads widely. Honor is not only a question of self-esteem or identity, but also a function that economically reduces the cost of seeking information or socially trustworthy. Through these two functions, it has been developed as a legal system to protect the honor as well as asking the legal sanction for defamation. However, although honor is used in various meanings in everyday life, the honor of legal level is understood in a more limited sense. It is because the law cannot actively lead and protect all honor feelings for one's feelings or mood occurred by hurt. However, if the social evaluation of a group or individual is undermined through a certain distortion of the truth, the law will actively intervene. However, due to the ambiguity of the legal sanctions standards and the identification of the parties involved in the defamation of cyberspace, it was difficult to solve the problems related to defamation in fact. Therefore, this paper will try to find out the problems of civil legal remedy due to the cyber defamation, and seek a solution for civil legal remedy.

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