인터넷 실명제의 의의와 종류 및 문제점에 대한 고찰

소개

인터넷 실명제의 의의와 종류 및 문제점에 대한 고찰

목차

<표 목 차> ····························································································Ⅲ

Ⅰ. 序 文 ·····························································································1
1. 意 義···································································································1

2. 인터넷 실명제의 개념 ············································································1

3. 인터넷 실명제의 현황 및 목적 ································································2

Ⅱ. 인터넷 실명제에 관한 내용································································3
1. 2004년의 『공직선거 및 선거부정방지법』상의 인터넷 실명제
가. 序 ·································································································3
나. 실명으로 게시판을 이용할 의무 ························································3
다. 실명확인방법으로서의 실명과 주민등록번호의 이용 ·····························3
라. 인터넷 언론사의 신원확인 조치 의무 ·················································3
마. 실명으로 게재되지 않은 글의 삭제의무 ··············································4

2. 2005년의 『공직선거법』상의 인터넷 실명제
가. 序 ·································································································4
나. 적용대상 표현 ················································································5
다. 허무인명의 글 게재가 가능 ······························································5
라 주민등록번호 기재 요구의 금지 ························································5
마 “실명인증” 표시가 나타나게 할 의무 ·················································5

3. 『정보통신망법』상의 인터넷 실명제
가. 序 ·································································································6
나. 선거운동기간 뿐 만 아니라 상시로 제한 ··············································6
다. 일정규모 이상의 사이트에 대해서만 본인확인의무 부과 ·························6
라. 정부의 신원확인시스템 개발의무 ·························································7
마. 선량한 관리자의 주의에 대한 손해배상책임 감경 및 면제 ·····················7

Ⅲ. 인터넷 실명제 실시에 관한 주요 쟁점들···············································8
1. 『정보통신망법』상의 인터넷 실명제의 쟁점 ··············································9
가. 기본권으로서의 익명표현의 자유인정 여부 ···········································9
나. 헌법상 표현의 자유침해여부 ·······························································10
다. 온라인 서비스제공자의 영업의 자유 침해여부 ······································12
라. 개인정보유출의 문제 ·········································································12
마. 기존 법률에 의한 처벌의 유효성 여부 ················································13

2. 『공직선거법』상의 인터넷 실명제 ··························································15
가. 정치적 표현의 자유 침해여부 ····························································15
나. 개인정보유출의 문제 ········································································15

Ⅳ. 結 論 ·····················································································16

【參 考 文 獻】 ···················································································17

본문내용

Ⅰ. 序 文
1. 意 義
몇 해 전부터 우리나라에서는 미네르바사건, 다수의 연예인 자살사건 등을 계기로 사이버 폭력에 심각성이 제기되면서, 인터넷 실명제에 관한 논의가 활발히 이루어지고 있다. 2009년 현재 입법이 이루어져 인터넷 실명제가 운영되고 있지만, 그럼에도 불구하고 시민단체나 개인을 중심으로 법률의 위헌성을 지적하고, 그 정당성을 부정하는 주장이 끊임없이 일어나고 있다. 자신들의 이익관계에 따라서 이에 반대하는 경우도 많지만, 대다수의 경우 인터넷 실명제 자체가 사이버 공간의 기본 원칙이라 할 수 있는 익명성의 제한을 요구하고 있다는 것에 불안함을 느끼고 있다. 찬·반을 물분하고 사이버 폭력의 수위가 더 이상 묵과할 수 없는 지경에 이르렀다는 것에는 동의를 하지만, 그 구체적인 예방과 해결방안에 대해서는 의견을 달리 하고 있는 것이다. 현재 일어나고 있는 많은 논의와 쟁점들의 원인 중에 하나는 많은 다수가 인터넷 실명제의 개념에 대해 정확히 알고 있지 못 하다는데 있다고 생각한다. 이에 이 글의 목적을 ㉠인터넷 실명제가 무엇인지 개념을 살피고, ㉡헌법적으로 어떠한 쟁점이 되고 있고 ㉢또한 현실적으로 사이버 폭력을 줄일 수 있는지에 대해 검토하는 것으로 한다.

2. 인터넷 실명제의 개념
2007년부터 우리나라는 『정보통신망 이용촉진 및 정보보호 등에 관한 법률』에서 도입된 소위 말하는 ‘일반게시판 실명제’를 시행하고 있다. 그러나 정확히 인터넷 실명제가 무엇을 의미하는지에 관해 알고 있는 사람은 드물다. 정책과 법률이 바뀌어 감에 따라 인터넷 실명제의 의미도 바뀌게 되므로 정확히 그 의미를 규정하기도 어렵다. 그러나 기본 개념적인 의미를 설명하면 ‘본인인증을 통해 신분이 확인된 자만이 인터넷상의 일정한 서비스를 사용할 수 있고, 게시판 등을 통해 의사표현을 할 수 있는 권한을 갖게 하는 제도’라고 설명할 수 있다.

참고자료

· • 김영홍. “인터넷실명제를 반대한다”. 국회보 제439호. 2003
· • 김재범. “인터넷실명제 : 정치적인 이유로 폐지되지 말아야 한다”. 국회보 제439호. 2003
· • 金哲洙. 憲法學槪論 제15全訂版. 316면
· • 李仁皓. “익명표현의 자유”. 2003. <http://www.lawnb.com>
· • 이재진. “인터넷실명제의 명암과 윤리성 제고방안”. 신문과 방송 제422호. 한국언론재단. 2006
· • 황성기. “인터넷 실명제에 관한 헌법학적 연구”. 2008