정보매개자 책임 규제에 대한 비판적 소고

South Korea acknowledges about responsibility for distribution of pornography, libel, and invasion of privacy on the Internet to information intermediaries. Recently, it has gone through the legislation that imposes various responsibilities on intermediaries even in areas where are not related to on-line services. Information intermediary is a 'enterprise' that seeks profit. In operating these enterprise, liberty of business is also a constitutionally guaranteed right, and restriction of that should be limited to public regulation. Also, when these public regulation is the comparison of interest in the point of view of liberty of business and balance of legal interests, its validity should be acknowledged. Public Regulation could not be justified for a reason that it is public.
However, the regulation that imposes civil, criminal liability and administrative responsibility revolved around recent information intermediaries seems to be excessive because it simply imposes the responsibilities in he point of view of administrative or regulatory convenience without the consideration. Thus, in the case of imposing certain responsibilities on information intermediaries, the burden for simply administrative convenience must be sublated. If it unavoidably imposes the responsibilities, Standard for exemption from the responsibilities should be prepared. Furthermore, requisites for responsibilities on information intermediaries are not clear and the actual possibility of compliance and the standard are not even unclear. Therefore, criminal liability should be sublated, if possible.