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A Study on Alternatives according to Unconstitutional Adjudication of Restrictive Identification system

  • Public Land Law Review
  • Abbr : KPLLR
  • 2013, 61(), pp.155-178
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

KIM, MIN HO 1

1성균관대학교

Accredited

ABSTRACT

According to the Unconstitutional Adjudication decision of the Constitutional Court, Article 44 paragraph 1 and 2 of the Information Network Act and the relevant provisions of the Enforcement Decree of the Act lost effect August 23, 2012. However, there is no evidence that the Constitutional Court supports that the board administrators should not identify board users restrictively. It is just interpreted that the law should not force board administrators (private) to use restrictive identification. In other words, the decision of board administrator whether they use restrictive identification at the sole discretion of their own, not by a mandatory rule of law, and the decision of the Constitutional Court does not mean that the system itself is unconstitutional. Thus, seeking alternatives after the unconstitutionality decision, we need to understand exactly what that means and also analyze the reason for the decision of the Constitutional Court. Governments and public agencies of advanced countries are taking advantage of private SNS instead of administrating their own boards. If the purpose of public agencies' websites is to provide information or to handle complaints, the nation, it seems to be desirable for the Korean government to use SNS for formation of the public opinion, or e-mail for listening to the opinion of the complainant, rather than directly operating a board. It will not be easy for private information communication providers, in particular portals, to implement restrictive identification system autonomously when there is no legal or institutional basis. However, in developed countries, private sector manages boards more thoroughly that public sector, including identification and the adjustment process (moderation process). It does not seem to be appropriate for the benefit of companies and consumers to post unfiltered information such as inaccurate information, abusive articles defaming opponents, etc. It is sure to be beneficial in the long term, by improving the image of the company as well as the dignity of the service, if information and communication service providers autonomously conduct the minimum restrictive identification system. The minimum identification means that only minimal amount of information, such as name, e-mail which does not infringe any personal information should be used in identification. Improving the reliability and dignity of the service, we are able to take a position to compete with foreign portals.

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This paper was written with support from the National Research Foundation of Korea.
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