Earticle

초록

영어

The personal right is a general term for human profits such as freedom, honor, personal liberty and so on; and its object is personal characteristics. One's personal rights are diverse interests to be protected from any third party for one's free development, or rights for enjoying as the subject of rights, or one's personal interests inseparable from oneself. However, personal rights have ambiguity in their concept, so arise many controversies. Therefore, each country does not concretely provide for abstract personal rights whose contents are hard to definitely define, but he accepts social customs into the decisions of courts and thereafter legislates the decisions. These days, society is more complex and diverse, and therefore a sense of values is changed and need to improve the systems and the laws of the past. Besides today, by the reason of radical development of popular entertainment, professional sports and advertising industry, there is many numbers of case that use of a name or likeness of famous person for advertisement, so then began to offense others with no permission. In this treatise, I will look into on what grounds personal rights should be protected from their violation, regardless of whether personal rights are expressly prescribed or not. Correct understanding and responding of the right of publicity is very important by the meaning of cultural and legislative aspects, that is the reason why I make a point of explaining about the subject of protection of this right in preference.

목차

I. 序
 ll. 人格權
  1. 槪念
  2. 人格權의 法的 構成
 III. 프라이버시權
  1. 프라이버시의 意義
  2. 프라이버시權의 展開
  3. 프라이버시權의 侵害
  4. 小結
 IV. 퍼블리시티權
  1. 槪念
  2. 퍼블리시티權에 대한 考察
  3. 미국에서의 퍼블리시티權의 生成
  4. 퍼블리시티權의 發展
  5. 퍼블리시티權의 構成
  6. 判例에 대한 考察
 V. 結
 참고문헌
 Abstract

키워드

개별적 인격권 인격권성 저작권법 프라이버시권 퍼블리시티권 초상권 the right of publicity the right of privacy prohibitory demand copyright personality value public value public right personality characteristic self-identity

저자

• 朴道姬 [ 박도희 | 법학박사, 신구대학 겸임교수 ]

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