LAW & TECHNOLOGY 제18권 제1호 통권 제97호 (p.3-11)

온라인 데이팅 서비스에 대한 법적 규제

Legal Regulations on Online Dating Services
키워드 :
온라인데이팅서비스(Online Dating Service),온라인서비스제공자(Online Service Provider),로맨스 스캠(Romance Scam),결혼중개업의 관리에 관한 법률(Marriage Brokers Business Management Act),정보통신망 이용촉진 및 정보보호 등에 관한 법률(Act on Promotion of Information and Communication Network Utilization and Information Protection,etc.)

목차

요약
I. 들어가며
II. 온라인 데이팅 서비스의 개관
   1. 온라인 데이팅 서비스의 정의와 특성
   2. 온라인 데이팅 서비스의 문제
III. 온라인 데이팅 서비스에 대한 사전적규제
   1. 법령을 통한 규제
   2. 약관을 통한 규제
IV. 온라인 데이팅 서비스에 대한 사후적제재
   1. 형벌 및 행정벌을 통한 제재
   2. 민사 손해배상을 통한 제재
V. 나오며
ABSTRACT

초록

As the online dating service market continues to grow, damages or crimes due to the posting of false profiles have also emerged as a serious social issue. This calls for regulations on not only the users but also the service providers so that this issue could be resolved at a low cost. Ex-ante regulations on the service providers can be divided into regulations through law and regulations through terms and conditions. Although Act on Promotion of Information and Communication Network Utilization and Information Protection, etc. and Marriage Brokers Business Management Act partly apply to the former, laws should be enacted and revised for sufficient regulation. Regarding the latter regulation through terms and conditions, there is no standard terms that could be directly applied to online dating services. Ex-post regulations on service providers are divided into sanctioning through punishments or administrative punishments and sanctioning through compensation for damage in civil actions, the latter of which has been proven to be more effective. If a provider had made it appear as if it would provide genuine profiles, it would generally be liable for nonfulfillment of obligation for posting fake profiles. Tort liability may be recognized if a provider has not taken all possible measures to manage and control the false profiles. Although the regulations on the services may seem to be a burden on the service providers, it is also a way to contribute to the market’s long-term growth. Regulatory mechanisms have so far been lacking, but acts and standard terms are expected to be revised as the number of legal disputes continues to increase, thus accumulating related precedents.