인터넷 실명제에 관한 헌법학적 연구

Abstract

the real name identification system of election bulletin board, so-called 'the real name identification system on the Internet' was enacted by 「the Public Official Election Act」 revised in Mar. 12, 2004. Additionally, to prevent lingual assaults such as intrusions of privacy or libels, the Government drived expanding the real name identification system to all sectors of Internet. Consequently, the real name identification system of general bulletin board was enacted in 「the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.」 by revising the Act in Jan. 26, 2007. the basic goal of the real name identification system on the Internet is controlling expression of ideas by constructing mandatory personal identification system. In other words, the Government has an intention to remove 'anonymity' which is one of the most characteristics of Internet coercely. In this context, the real name identification system on the Internet has serious constitutional problems as follows. The first problem is infringement of freedom of anonymous speech. The real name identification system allows who was identified to express one's ideas or upload one's materials on bulletin board. Therefore who was not identified cannot express one's ideas or upload one's materials on bulletin board. The second problem is infringement of freedom of political speech. Especially the real name identification system of election bulletin board has a ability to infringe freedom of political speech, in so that it aims to control expression of election, parties or candidates. The third problem is principles of the protection of right to informational self-determination or protection of personal data. Because to identify Internet user, personal data shall be used. The fourth problem is infringement of freedom of business of Internet company. If an Internet company is adopting a non-real name system as one's business policy, the real name identification system will impose some restrictions on the Internet company.