저작물의 온라인 불법유통 방지를 위한 행정규제에 관한 검토

Abstract

This study reviews the administrative regulation and its drawbacks on Copyright Act and telecommunication business Act that aims to prevent the spreads of illegal Online distribution. Since webhard registration system on telecommunication business is ex-ante regulation, the targets under its regulation are to be generalized. Therefore, to insist the rationale for its regulation, there shall be thoughtful consideration in its method or degree of regulation. If what it really intends for is to prohibit the contents distribution by way of webhards, it shall be reasonable to prohibit the service itself by formulating social consensus on it. Regarding Administrative regulation under copyright law, the regulation for certain types of OSP are needed to be defined precisely. Privacy issue is also of importance as well as copyright infringement. So, administrative regulations that force certain type of OSP to collect or store end-user’s personal information by imposing on filtering measure require further examinations. Lastly, it is not possible for ISP as mere conduit to delete illegal works, the means of its regulation as administrative regulation should be variable pursuant to the types of OSP.