인터넷 규제와 관할Internet Regulation and Jurisdiction
- Authors
- 이규호
- Issue Date
- 2009
- Publisher
- 단국대학교 법학연구소
- Keywords
- 인터넷규제(Internet Regulation); 입법관할권(Prescriptive Jurisdiction); 집행관할(Enforcement Jurisdiction); 사법관할(Adjudicative Jurisdiction); 국제재판관할(International Jurisdiction)
- Citation
- 법학논총, v.33, no.2, pp 53 - 119
- Pages
- 67
- Journal Title
- 법학논총
- Volume
- 33
- Number
- 2
- Start Page
- 53
- End Page
- 119
- URI
- https://scholarworks.bwise.kr/cau/handle/2019.sw.cau/33559
- DOI
- 10.17252/dlr.2009.33.2.003
- ISSN
- 1738-3242
- Abstract
- Traditionally, international jurisdiction was based mainly in geographical terms. As
far as the Internet regulation is concerned, three types of jurisdiction are relevant:
prescriptive jurisdiction, adjudicative jurisdiction, and enforcement jurisdiction.
Prescriptive jurisdiction refers to the power to apply legal norms to conduct.
Adjudicative jurisdiction means the power of courts and tribunals to resolve disputes.
Enforcement jurisdiction is the power of the jurisdiction to enforce.
The Internet will be regulated through the three types of the Internet jurisdiction.
Generally speaking, the Internet jurisdiction tends to become synonymous with the
international jurisdiction on the Internet, which is a type of adjudicative jurisdiction.
This Article will distinguish adjudicative jurisdiction from prescriptive jurisdiction and
enforcement jurisdiction.
In terms of the prescriptive jurisdiction, the Article will explore Yahoo case.
Technology places more of a challenge on applying traditional jurisdiction to the
Internet, than on being a tool in Internet regulation. Existing law can not control the Internet,
an inherently technological environment. In spite of the problems associated with
traditional jurisdiction as a means of regulating the Internet, the Internet should be
regulated. In this regard, the traditional jurisdiction methods must be amended to account
for the unique nature of the Internet.
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