EU에서의 구글(Google)과 관련된 판례의 동향 = A trend of court decisions related to Google in EU

다국어 초록 (Multilingual Abstract)

Judgment of the European Court of Justice and national courts which is associated with Google as discussed above exist in various ways. Google makes just judgments of privacy in connection with the European Union presented the following are some of the implications for us. First, Google Spain case shows not the right to be forgotten. But to be more precise the case presents the right to delete the information of his own which has not contain the public interest according to the guideline(Directive) of the European Union 1995. This means that the European Court of Justice has not declared that the right to be forgotten is not a fundamental right that comes form the Constitution. More over the court has showed that the right to be forgotte is not a absolute right, but it is checked through the Balance Test. Therefore, the right to be forgotten is restrained in the case of where the public interest in the political area exist. European Court of Justice has not explained that the right to be forgotten is derived from the Directive to the protection of private information of EU. Especialy if the right to be forgottenis not unqualified individual rights in the Constitution Act, it is currently the debate thema. Of course, it has no problem when the issue of national law, which recognizes the right to claim delete the information through as in the case of Spain, but otherwise the problem will be recognized as a fundamental right in the Constitution may occur in the country. In Korea, the Privacy Act and the Promotion of Information and Communications Network Utilization and Information in the Act on the Protection admits over some of the controversial provisions. In spite of these provisions the problem exist whether we admit the right to be forgotten in the blind spot of the future with a new legal rights. For the future this issue should be addressed. The Constitutional Court, unlike the current constitutional theory, has made a very negative decision on recognition of the fundamental right of he individuals which is limites by the another individuals. In this respect the Google Spain judgment indicate the new ways to translate the fundamental right which is related the right to be forgotten.