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Legal Issues about Decedent’s Online Digital Asset

  • Public Land Law Review
  • Abbr : KPLLR
  • 2016, 76(), pp.199-218
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

KIM, MIN HO 1

1성균관대학교

Accredited

ABSTRACT

Up to now, legal dispute over documents was able to be solved by judging who holds the legal rights of the documented medium(book, picture etc.). However, it brings difficulty for those figureless online digital documents recorded in virtual space. For example, since online digital documents cannot be entirely controlled and managed by its recorder and are in need of help from the ISP(Internet Service Provider), the rights and obligations for the documents between the recorder, ISP and users became complicated. It becomes even more complex when the recorder passed away, in other words, when the documentary of the dead is 'Online digital information'. The law of succession was heretofore applicable to dead's documents since they had physical entities(books, pictures etc.) of recording medium(documentary). However, legal process for dead's documents which are stored in cyber space can be difficult since they do not have physical entity. Therefore, this study has discovered and brought solutions to legal issues of controlling and managing 'Online digital information of the dead'. This matter requires to be solved between ISP and users by their contract(agreement), and must respect user's right of option. By revision of law, ISP must be layed under necessity of setting terms and conditions of dead's online digital data processing and allow users to select range and methods of such process in accordance with the terms. Under the current law, it must be a principle to shutdown relevant account and delete information when the Internet User is dead and exceptionally allow a third party with a request from dead's parents and children or a court decision to access and handle the information.

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