Earticle

초록

영어

Basically, the right of privacy means passive and defensive concepts in a sense that it aims to secure ‘secrecy and freedom of privacy' as stipulated in the Article 17 of Korean Constitution, but it has lately involved more active implications that include legitimate control over personal information and independent decision of behaviors. In further sense, it is constitutionally accepted that the right of privacy widely encompasses ‘personal interests deserving social protection from their unwanted disclosure and independent interests pertinent to making crucial decision, including personal right of marriage, childbirth, contraception and child nurture.’ On the other hand, the right of publicity means protection of personal name, portrait(image) and the like from their unauthorized use in favor of others' interests. Thus, it encompasses both the right of personality and that of property fundamentally. From this perspective, the right of publicity may be considered a sort of property right with different nature from the right of personality. However, it is undeniable that the right of publicity considers elements of personality right as the object of right, so it is possibly reasonable to consider the right of publicity as the right which may be restricted according to the principle of good faith from the perspectives of the detailed content of agreement, rather than compose it as genuine right of property. In Korea, the National Assembly Culture & Tourism Council discussed legislation of express provisions about the right of publicity on June 23, 2005, but came to nothing worthwhile.In latest situation of even slight but gradually increasing legal disputes about the right of publicity, it will be required to prepare corresponding legislative solutions sooner or later.

목차

Ⅰ. 서
 Ⅱ. 인격권의 법리
 Ⅲ. 프라이버시권
  1. 개념 및 발전
  2. 주체
  3. 침해의 유형
  4. 명예와 프라이버시의 관계
  5. 프라이버시 침해에 대한 보호의 한계가 문제되는 경우(프라이버시를 침해하였더라도 면책이 되는 경우)
 Ⅳ. 퍼블리시티권
  1. 개념
  2. 발전과정
  3. 법적 성격
  4. 퍼블리시티권의 본질
  5. 퍼블리시티권의 이전성
 Ⅴ. 결
 참고문헌
 ABSTRACT

키워드

저자

• 이봉림 [ Lee, Bong-Rim | 이화여자대학교 법과대학 연구교수, 법학박사 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340