소셜네트워크서비스의 건전한 문화정착을 위한 형사정책적 모델
$11.50
SKU
9791170000662
[Free shipping over $100]
Standard Shipping estimated by Fri 12/13 - Thu 12/19 (주문일로부 10-14 영업일)
Express Shipping estimated by Tue 12/10 - Thu 12/12 (주문일로부 7-9 영업일)
* 안내되는 배송 완료 예상일은 유통사/배송사의 상황에 따라 예고 없이 변동될 수 있습니다.
| Publication Date | 2014/12/30 |
| Pages/Weight/Size | 161*238*20mm |
| ISBN | 9791170000662 |
| Categories | 사회 정치 > 사회학 |
Contents
요 약 문 ················································································································· 9
제 1 장 서 론 ······································································································ 13
제 1 절 연구의 목적 ························································································· 13
제 2 절 연구의 범위와 내용 ············································································ 14
제 3 절 연구의 방법 ························································································· 15
제 2 장 이론적 논의 ···························································································· 17
제 1 절 소셜네트워크서비스의 의의 ································································ 17
1. 개관 ············································································································ 17
2. 소셜네트워크서비스의 역사 ······································································· 17
3. 사이버 공간상에서의 소셜네트워크서비스의 위치 ···································· 18
4. 소셜네트워크서비스의 종류와 특징 ··························································· 19
5. 소셜네트워크서비스의 개념과 속성 ··························································· 24
제 2 절 판례분석을 통한 소셜네트워크서비스 범죄 구성요건과 처벌 내용분석 ··· 25
1. 판례분석 ····································································································· 25
2. 판례를 통한 유형별 법적 쟁점 분석 ························································· 67
제 3 장 소셜네트워크서비스 이용행위에 대한 형사정책적 검토 ························ 72
제 1 절 개관 ····································································································· 72
제 2 절 소셜네크워크서비스상의 명예훼손과 모욕 행위 ······························· 73
1. 개관 ············································································································ 73
2. 정보통신망에서의 공연성 판단 근거 ························································· 74
3. 소셜네트워크서비스상에서 정보 유통의 특성과 공연성 판단 ··················· 75
제 3 절 사이버불링 내지 사이버 따돌림 ························································· 78
1. 불링, 일반적인 인터넷상에서의 사이버불링과 소셜네트워크상에서의
사이버불링 ································································································· 80
2. 개념 ············································································································ 83
3. 행위유형 ····································································································· 87
4. 사이버불링에 대한 대응 ············································································ 90
5. 사이버불링의 대응을 위한 온라인창구 ···················································· 108
제 4 절 사이버스토킹 ····················································································· 115
1. 개념 ·········································································································· 116
2. 형법적 대응 ······························································································ 117
제5절 사이버사칭과 사이버사기 ··································································· 122
1. 개념 ·········································································································· 122
2. 우리나라의 형사법적 대응 ······································································· 123
3. 외국의 주요 입법례 ·················································································· 126
4. 사이버사칭과 사이버사기에 대한 형법적 대응의 곤란 ··························· 127
제 4 장 소셜네트워크서비스 관련 법제도 동향과 대응방안 모색 ·················· 130
제 1 절 성범죄 관련 주요 동향 ····································································· 130
1. 성범죄 관련 법제도 동향 ······································································· 130
2. 미국 내의 판례 동향 ·············································································· 135
제 2 절 소셜네트워크서비스와 빅데이터, 그리고 개인정보 보호 ·················· 142
1. 서설 ·········································································································· 142
2. 빅데이터와 소셜미디어 ············································································ 143
3. 소셜네트워크서비스 환경에서의 개인정보 침해 위험 ····························· 149
4. 소셜네트워크서비스에서의 개인정보 침해 대응방안 ······························· 151
제 3 절 (형)법적 대응의 한계 ········································································ 156
1. 국내법적 규율의 한계 ·············································································· 156
2. 국내사업자에 대한 역차별 문제 ······························································ 164
3. 소 결 - 글로벌 스탠다드 ········································································· 171
제 5 장 형사정책적 제언 ··················································································· 174
제 1 절 개관 ··································································································· 174
제 2 절 표현의 자유와 소셜네트워크서비스 ·················································· 175
1. 명예훼손, 모욕과 표현의 자유 ································································· 175
2. 성범죄자의 사이버 공간 활용 제한과 표현의 자유 ································· 177
3. 프로바이더의 책임강화와 제3기관을 활용한 분쟁해결 및 기술적 규제의 조화 ·· 178
제 3 절 개인정보 노출과 유출에 따른 형사정책 방향 검토 ·························· 180
1. 소셜네트워크서비스상의 개인정보 침해 ·················································· 180
2. 개인정보 노출 시의 형사정책적 유의사항 ··············································· 183
제 4 절 위치정보에 관한 형사정책적 고려 ···················································· 190
1. 개관 ·········································································································· 190
2. 위치정보 관련 법제 동향 ········································································· 190
3. 한국의 관련 법제 현황 ············································································ 191
4. 소셜네트워크서비스와 위치정보에 대한 형사정책적 고려 ······················ 193
제 5 절 아동, 청소년 보호와 잊혀질 권리의 관계 재조명 ···························· 195
1. 개관 ·········································································································· 195
2. 아동이나 청소년 등 미성년자 보호 방안 강구 ········································ 196
3. 잊혀질 권리 재조명 ·················································································· 198
4. 자율규제 정착을 위한 교육과 홍보 ························································· 199
제 6 장 결 론 ···································································································· 203
참고문헌 ············································································································· 210
제 1 장 서 론 ······································································································ 13
제 1 절 연구의 목적 ························································································· 13
제 2 절 연구의 범위와 내용 ············································································ 14
제 3 절 연구의 방법 ························································································· 15
제 2 장 이론적 논의 ···························································································· 17
제 1 절 소셜네트워크서비스의 의의 ································································ 17
1. 개관 ············································································································ 17
2. 소셜네트워크서비스의 역사 ······································································· 17
3. 사이버 공간상에서의 소셜네트워크서비스의 위치 ···································· 18
4. 소셜네트워크서비스의 종류와 특징 ··························································· 19
5. 소셜네트워크서비스의 개념과 속성 ··························································· 24
제 2 절 판례분석을 통한 소셜네트워크서비스 범죄 구성요건과 처벌 내용분석 ··· 25
1. 판례분석 ····································································································· 25
2. 판례를 통한 유형별 법적 쟁점 분석 ························································· 67
제 3 장 소셜네트워크서비스 이용행위에 대한 형사정책적 검토 ························ 72
제 1 절 개관 ····································································································· 72
제 2 절 소셜네크워크서비스상의 명예훼손과 모욕 행위 ······························· 73
1. 개관 ············································································································ 73
2. 정보통신망에서의 공연성 판단 근거 ························································· 74
3. 소셜네트워크서비스상에서 정보 유통의 특성과 공연성 판단 ··················· 75
제 3 절 사이버불링 내지 사이버 따돌림 ························································· 78
1. 불링, 일반적인 인터넷상에서의 사이버불링과 소셜네트워크상에서의
사이버불링 ································································································· 80
2. 개념 ············································································································ 83
3. 행위유형 ····································································································· 87
4. 사이버불링에 대한 대응 ············································································ 90
5. 사이버불링의 대응을 위한 온라인창구 ···················································· 108
제 4 절 사이버스토킹 ····················································································· 115
1. 개념 ·········································································································· 116
2. 형법적 대응 ······························································································ 117
제5절 사이버사칭과 사이버사기 ··································································· 122
1. 개념 ·········································································································· 122
2. 우리나라의 형사법적 대응 ······································································· 123
3. 외국의 주요 입법례 ·················································································· 126
4. 사이버사칭과 사이버사기에 대한 형법적 대응의 곤란 ··························· 127
제 4 장 소셜네트워크서비스 관련 법제도 동향과 대응방안 모색 ·················· 130
제 1 절 성범죄 관련 주요 동향 ····································································· 130
1. 성범죄 관련 법제도 동향 ······································································· 130
2. 미국 내의 판례 동향 ·············································································· 135
제 2 절 소셜네트워크서비스와 빅데이터, 그리고 개인정보 보호 ·················· 142
1. 서설 ·········································································································· 142
2. 빅데이터와 소셜미디어 ············································································ 143
3. 소셜네트워크서비스 환경에서의 개인정보 침해 위험 ····························· 149
4. 소셜네트워크서비스에서의 개인정보 침해 대응방안 ······························· 151
제 3 절 (형)법적 대응의 한계 ········································································ 156
1. 국내법적 규율의 한계 ·············································································· 156
2. 국내사업자에 대한 역차별 문제 ······························································ 164
3. 소 결 - 글로벌 스탠다드 ········································································· 171
제 5 장 형사정책적 제언 ··················································································· 174
제 1 절 개관 ··································································································· 174
제 2 절 표현의 자유와 소셜네트워크서비스 ·················································· 175
1. 명예훼손, 모욕과 표현의 자유 ································································· 175
2. 성범죄자의 사이버 공간 활용 제한과 표현의 자유 ································· 177
3. 프로바이더의 책임강화와 제3기관을 활용한 분쟁해결 및 기술적 규제의 조화 ·· 178
제 3 절 개인정보 노출과 유출에 따른 형사정책 방향 검토 ·························· 180
1. 소셜네트워크서비스상의 개인정보 침해 ·················································· 180
2. 개인정보 노출 시의 형사정책적 유의사항 ··············································· 183
제 4 절 위치정보에 관한 형사정책적 고려 ···················································· 190
1. 개관 ·········································································································· 190
2. 위치정보 관련 법제 동향 ········································································· 190
3. 한국의 관련 법제 현황 ············································································ 191
4. 소셜네트워크서비스와 위치정보에 대한 형사정책적 고려 ······················ 193
제 5 절 아동, 청소년 보호와 잊혀질 권리의 관계 재조명 ···························· 195
1. 개관 ·········································································································· 195
2. 아동이나 청소년 등 미성년자 보호 방안 강구 ········································ 196
3. 잊혀질 권리 재조명 ·················································································· 198
4. 자율규제 정착을 위한 교육과 홍보 ························································· 199
제 6 장 결 론 ···································································································· 203
참고문헌 ············································································································· 210