Earticle

초록

영어

In the year of 2005, VOD Providers who made VODs for adults and provided them to portal site, and CEOs of portal sites which provided those VODs to Internet adults users were prosecuted in violation of §65(1)(ⅱ) of ｢Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.｣. The clause provides “A person who has distributed, sold, rented, or openly displayed obscene codes, letters, sounds, visuals, or films through information and communications network shall be punished by imprisonment with prison labor for not more than 1 year or by a fine not exceeding 10 million won”. From the year of 2006, the judgments of the courts begin to be issued. Finally, the Supreme Court held that VOD Providers who made VODs for adults and provided them to portal site are not guilty. But This judgment of the Supreme Court is meaningful in the following points. Firstly, the Supreme Court did not make a mistake in differentiating standards of obscenity medium by medium in contrast with the lower courts. ‘Obscenity’ is not the concept that the standard can be changed medium by medium. Secondly, the Supreme Court did not make a error in confusing ‘regulation system of illegal content’ and ‘regulation system of harmful content’ in contrast with the lower courts. Confusing ‘regulation system of illegal content’ and ‘regulation system of harmful content’ provokes unconstitutional consequence because of infringment of adult's right to know. Thirdly, but the Supreme Court also made a mistake by not respecting Korea Media Rating Board's rating of concerned VODs. The media or content rating of public authority like Korea Media Rating Board is a process of reflecting contemporary common ideas on sexual speech or obscenity.

목차

Ⅰ. 들어가는 말
 Ⅱ. 판결의 주요내용
  1. 표현물의 음란성 여부에 관한 판단주체
  2. 영상물등급위원회의 등급분류와 음란성에 관한 사법적 판단과의 관계
  3. 음란성 판단기준
  4. 정보통신망에서의 음란성 판단기준
 Ⅲ. 판결의 의의 및 문제점
  1. 표현물의 음란성 여부에 관한 판단주체
  2. 영상물등급위원회의 등급분류와 음란성에 관한 사법적 판단과의 관계
  3. 음란성 판단기준
  4. 정보통신망에서의 음란성 판단기준과 음란물 통제방법과의 관계
 Ⅳ. 나오는 말
 참고문헌
 

키워드

저자

• 황성기 [ Sung Gi Hwang | 한양대학교 법과대학 부교수(Professor, College of Law, Hanyang University) ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  언론과 법 [Journal of Media Law, Ethics and Policy Research]

• 간기

  반년간

• pISSN

  1976-1996

• 수록기간

  2002~2012

• 십진분류

  KDC 070 DDC 070