중국, 일본, 한국의 정보매개자책임제한제도의 비교

Abstract

This article compares the intermediary liability safe harbour rules of China, Japan, and Korea and highlights how, although the commentators of all countries describe their respective rules as ‘safe harbours’ resembling section 512 of the US Digital Millennium Copyright Act there seems to be confusion. It describes how China and South Korea inadvertently created a liability-imposing rule instead of a liability-exempting rule. Further, it reviews Japan’s statutes that set out liability-exempting regimes closely resembling the EU e-Commerce Directive. It further discusses the importance of distinguishing between a liability-imposing rule and a liability-exempting one in the light of the Asian examples.