잊혀질 권리 소고 -대한민국 법제에서의 의의와 한계- = Meaning and Defect of the Right to be Forgotten in Korean Legal System

다국어 초록 (Multilingual Abstract)

The right to be forgotten`` means the right that individual can request deletion or prevention of misusage of personal information. Recently ECJ(the Court of Justice of the European Union) used the notion of ``the right to be forgotten`` prim ally in their ruling and embodied and clarified that notion. Thus, there was a controversy to introduce the right or not recently in Korea, but actually Korean legal system already has ``the right to be forgotten`` In Korean Constitution, the right of the self-determination of pernoal information and right of the self-determination of social image constitute ``the right to be forgotten``. In legislation, ``the right to be forgotten`` is being protected by Act on Personal Information Protection, Act on Promotion of Information and Communications Network Use and Information Protection, Criminal Defamation. Further, these acts protect ``the right to be forgotten`` far more strongly than in EU, thus those acts even violate the right of free speech severely and violate liberal democracy. It means it is severely unconstitutional, so at first we have to correct that unconstitutionality, after that we can debate to introduce ``the right to be forgotten`` in ED or not.