소위 ‘신상털기’에 대한 형사규제의 문제점

Abstract

In 2005, there was a dramatic incident that bloggers targeted a woman who refused to clean up when her dog defecated on the floor of a Seoul subway car, labeling her "Dog Shit Girl". Then another commuter had taken a photograph of the woman and her dog, and posted it on a popular website. Within days, she had been identified by internet vigilantes, and much of her personal information was leaked onto the internet in an attempt to punish her for the offense. This case attracted a lot of attention and raised criminal problems if the behavior would be punished or not. Collecting and unauthorized disclosure of personal information on the internet is restricted by Personal Information Protect Act and the Act on Promotion of Information and Communications Network Utilization and Information Protection. ETC. But it is not obvious that this abusing act can be subject to criminal prosecution. Based on the criminal viewpoint, this behavior is classified by two component, detection of personal information and disclosure of personal information. But Criminal Act and the Act on Promotion of Information and Communications Network Utilization and Information Protection. ETC is not enough to deal with this phenomenon. Because there are many pros and cons between the Right to Information Privacy and the freedom of speech, revolution of IT and deregulation. I think it is necessary to find legislative solution when the phenomenon is regarded as critical threat to our information privacy and go beyond the freedom of speech. I would like to suggest the clauses of Cyber Defamation and infringement of personal secret on internet through relating criminal acts need to be amended or added.