재판장 판사 배기열 판사 박재우 판사 정승규 - 5 등록자:배기열, 등록일시:2017.10.19 16:09, 출력자:손지원, 다운로드일시:2017.10.18 21:34

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Korea Communications Standards Commission v. Martyn Williams

Case Law

Country

Country Location

Latitude: 36.5913920669624

Longitude: 127.91189491419985

Case Outcome (Procedural)

Case Outcome (Disposition)

Keywords

Case Summary: The South Korean Court of Appeals held that the blocking of a US-based website in South Korea was unlawful. The website, North Korea Tech, had been blocked by South Korea's Internet censorship body. The owner of the website challenged the blocking before the South Korean courts, and the First Instance Court and the Court of Appeals held that the blocking was not permissible under South Korean law. The courts found that the blocking of an entire website could only take place in exceptional circumstances where all the content of that website was shown to be illegal. The Court of Appeals also stated that the South Korean Constitution and the International Covenant on Civil and Political Rights recognized the right of all people to disseminate information to Korean people through the internet and, therefore, the US-based owner of the website was entitled to challenge the blocking of his website in South Korea before the domestic courts. Global FoE could not identify an official government translation for the court decision and information on the case was derived from secondary sources. Global FoE notes that media outlets may not provide complete information about this case. Additional information regarding legal matters will be updated as an official source becomes available.

Case Significance: The decision establishes a binding or persuasive precedent within its jurisdiction.

Collection

Korea Communications Standards Commission v. Martyn Williams.pdf
Korean
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