A Study on the Inheritance of Digital Objects : Focusing on the categorization of digital objects and the improvement of the inheritance system

In modern society, the use of the Internet has become commonplace, and it has become inevitable for data subjects to leave traces online. However, when the data subject dies, there is still no clear procedure and method for whether the digital trace left by him is inherited. In this study, we reviewed whether digital objects are inherited and the improvement plan for the digital inheritance system. First, we looked at the comprehensive succession principles stipulated in Article 1005 of the Civil Code, and confirmed that it is important to determine whether or not it belongs to a personal entity along with its property value. In addition, for the convenience of discussion, digital objects were divided into digital assets with clear property value and digital records with low or ambiguous property value. This is because the interests of heirs and heirs can be effectively controlled by focusing more on protecting property rights in digital assets and personal rights in digital records. Next, we looked at domestic discussions and foreign legislation on the inheritance of digital objects. In particular, in the case of the United States and Germany, the inheritance of digital objects is basically affirmed. Since there is no reason to treat offline fluids and digital objects left by the heir differently, it is reasonable to assume that digital objects are also subject to inheritance in principle. In recognizing the inheritance of digital objects, it is necessary to clarify from the perspective of legal interpretation that digital objects are also subject to inheritance in the main text of Article 1005 of the Civil Code, and in digital records related to the heir's moral rights, only access rights (access rights) are allowed to the heir, and the Personal Information Protection Act or Communication Secret Protection Act needs to be revised to eliminate the risk of law violations by information and communication service providers. Through these measures, it is necessary to establish a digital inheritance system and actively respond to it in the rapidly changing digital environment.