사이버공간의 규제문제와 사회규범에 대한 법철학적 분석 = Legal-Philosophical Analysis of Regulation and Social Norms in Cyberspace

다국어 초록 (Multilingual Abstract)

The regulative structure of cyberspace is currently to the process which
comes to make. For the formation of ideal regulative structure, discussion
about cybernorms will be necessary when we consider that the regulative
structure is being formed.
There was liberalism which refuses the intervention of the nation about
regulation of cyberspace. This liberalism, however, disregarded that the
basic operation of law in cyberspace be necessary and neglected the legal
solution of jurisdiction and conflict of law. Liberalism underestimated the
representative democracy and the law which was enacted by the
representative congress. Liberalism disregarded that the decision of people
in cyberspace could be deteriorated same as in real space.
In opposition, there was non-discriminative attention about the regulation
of cyberspace and real space. The non-discriminative attention disregarded
the regulative structure of cyberspace which had the substantive difference
from real space. They, however, cannot explain intervention of new
regulative element, namely ‘code’. They neglected the concepts and
boundaries of rights which was closely related to information. Although the
cyberspace is not the independent place from real space, special features of
cyberspace and cybernorms should not be disregarded.
Self-regulation based only on social norms is not ideal. Informal social
norms always have the problems of information delay, strategic conduct,
conflict of moral norm and profit norm, distorted preference and negative external effect. For the mitigation of the problems of social norms, it is
necessary to regulate social norms by law. Law can regulate social norms
directly to prohibit the action of social norms or indirectly to change the
social meaning.
To make an efficient law, sufficient understanding and consideration of
social norms are important. Specially, it is more important in cyberspace in
which new law and regulative structure are required. The idea of
information society can be founded from the features of cybernorms. The
consideration and understanding of cybernorms are important for the law to
be accepted and conformed efficiently. Cyberspace can be more developed to
an ideal space through the recognition and respect to cybernorms.

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