Internet portals also implemented their own measures to curb postings considered to
violate privacy; for example, Naver created a simplified process for users to quickly
block ‘‘groundless rumors or postings’’ and Daum required users to click on a different
box if they want to read other users’ comments. 62
In July 2008, Minister of Justice Kim Kyung-hwan announced the introduction of
the crime of ‘‘cyber defamation,’’ which would punish those who openly insult others
through the Internet with up to two years imprisonment or a KRW 10 million fine. 63
Under this rubric, criminal law would apply to defamation and threats, while penalties
for cyber defamation and ‘‘cyberstalking’’ would be pursued under information and
communication laws. 64
Although the Lee administration denied that it had orchestrated the crackdown,
government prosecutors also pursued blogger Park Dae-sung on charges of ‘‘spreading
false data in public with harmful intent,’’ punishable by as many as five years in prison
or fines of up to KRW 50 million. 65 Using the pen name Minerva, blogger Park Daesung had posted nearly 300 entries on Daum’s Agora Internet forum between March
2008 and January 2009. 66 His accurate predictions of financial events such as the fall
of Lehman Brothers and the crash of the won gained him prophetic status, but also
drew allegations that he cost the government billions of dollars by undermining financial markets. 67 Park was arrested in January 2009 but acquitted in April; prosecutors
announced that they would appeal the ruling. 68
On April 1, 2009, the National Assembly adopted a ‘‘three-strikes’’ approach to copyright infringement, particularly file sharing and downloading movie content. 69 In an
amendment to Article 133 of the Copyright Law dealing with the ‘‘Collection, Abandonment, and Deletion of Illegal Reproductions,’’ the Minister of Culture, Sports, and
Tourism would be authorized to shut down message boards that refuse to comply with
more than three warnings to remove copyrighted content, 70 while users who upload
such content may also have their accounts canceled. 71 These punitive measures could
be taken regardless of whether a takedown request by a copyright holder has been
issued. 72
Social media sites whose ‘‘main purpose is to enable different people to interactively
transmit works, etc., among themselves’’ are treated as ‘‘special types of online service
providers’’ under Article 104 of the Copyright Law. 73 Article 104 providers are obliged
to take ‘‘necessary measures’’ to intercept the illegal interactive transmission of copyrighted works upon the request of rights holders. Article 142(1) lays out fines for these
special providers who fail to take necessary measures at a maximum of KRW 30 million, while other providers who ‘‘seriously damage’’ the enforcement of copyright as a
result of their failure to take down reproductions or ‘‘interactive transmissions’’ are also
subject to fines of up to KRW 10 million. 74 Under the amended legislation, Article 104
providers who have been fined under Article 142(1) twice and have failed to take necessary measures can be blocked upon the issuance of a third fine. 75
South Korea
509
violate privacy; for example, Naver created a simplified process for users to quickly
block ‘‘groundless rumors or postings’’ and Daum required users to click on a different
box if they want to read other users’ comments. 62
In July 2008, Minister of Justice Kim Kyung-hwan announced the introduction of
the crime of ‘‘cyber defamation,’’ which would punish those who openly insult others
through the Internet with up to two years imprisonment or a KRW 10 million fine. 63
Under this rubric, criminal law would apply to defamation and threats, while penalties
for cyber defamation and ‘‘cyberstalking’’ would be pursued under information and
communication laws. 64
Although the Lee administration denied that it had orchestrated the crackdown,
government prosecutors also pursued blogger Park Dae-sung on charges of ‘‘spreading
false data in public with harmful intent,’’ punishable by as many as five years in prison
or fines of up to KRW 50 million. 65 Using the pen name Minerva, blogger Park Daesung had posted nearly 300 entries on Daum’s Agora Internet forum between March
2008 and January 2009. 66 His accurate predictions of financial events such as the fall
of Lehman Brothers and the crash of the won gained him prophetic status, but also
drew allegations that he cost the government billions of dollars by undermining financial markets. 67 Park was arrested in January 2009 but acquitted in April; prosecutors
announced that they would appeal the ruling. 68
On April 1, 2009, the National Assembly adopted a ‘‘three-strikes’’ approach to copyright infringement, particularly file sharing and downloading movie content. 69 In an
amendment to Article 133 of the Copyright Law dealing with the ‘‘Collection, Abandonment, and Deletion of Illegal Reproductions,’’ the Minister of Culture, Sports, and
Tourism would be authorized to shut down message boards that refuse to comply with
more than three warnings to remove copyrighted content, 70 while users who upload
such content may also have their accounts canceled. 71 These punitive measures could
be taken regardless of whether a takedown request by a copyright holder has been
issued. 72
Social media sites whose ‘‘main purpose is to enable different people to interactively
transmit works, etc., among themselves’’ are treated as ‘‘special types of online service
providers’’ under Article 104 of the Copyright Law. 73 Article 104 providers are obliged
to take ‘‘necessary measures’’ to intercept the illegal interactive transmission of copyrighted works upon the request of rights holders. Article 142(1) lays out fines for these
special providers who fail to take necessary measures at a maximum of KRW 30 million, while other providers who ‘‘seriously damage’’ the enforcement of copyright as a
result of their failure to take down reproductions or ‘‘interactive transmissions’’ are also
subject to fines of up to KRW 10 million. 74 Under the amended legislation, Article 104
providers who have been fined under Article 142(1) twice and have failed to take necessary measures can be blocked upon the issuance of a third fine. 75
South Korea
509