사이버범죄 방지를 위한 국제형사사법공조

• 영문명: International Cooperation to Foster Penal Justice in Preventing Cybercrime
• 발행기관: 한국인터넷법학회
• 저자명: 정완(Wan Choung)
• 간행물 정보: 『인터넷법연구』제3권 1호, 265~299쪽, 전체 35쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.03.01

영문 초록

The explosive use of the Internet gives rise to lot of crimes on the international scenes. Not only hacking and viruses but also illegal activities on the Internet are increasingly conducted across the border. But countermeasures seem to be ineffective owing to legal, systematic and technological constraints. More often than not the cross-border crimes are beyond the investigation and prosecution of any state. Computer crimes on the Internet call for prompt and efficient investigation of the affected states through international cooperation. Digitalized data in the information age would pose a number of legal issues with respect to privacy, human rights, electronic democracy, national sovereignty, international jurisdiction, and so on. These issues can be tackled by the international coordination of domestic policies and national laws on cybercrime. Multilateral efforts have been staged by the G-8, the Council of Europe, OECD and APEC to combat cybercrime in a concerted manner. Also the International Criminal Police Organization, or InterPol, and the International Organization on Computer Evidence play an important role in this area. The Meeting of Justice and Interior Ministers of the Eight takes place every two year to discuss the issues on the international cooperation in investigating and prosecuting cybercrime. The international jurisdiction in the cyberspace might be established by a multilateral agreement in defining illegal activities as international crimes to be punished by the international criminal court. However, the air-tight definition of international crime would not allow the addition of cybercrime to the list of international crime. Also it should be noted whether a certain activity constitutes a criminal offence varies from nation to nation. A type of crime could be punished in a different manner. In short, a crime and punishment will be determined by a variety of political, economical, social and cultural backgrounds of each nation. Notwithstanding the foregoing difficulties, the Convention on Cybercrime was adopted by the Council of Europe in June 2001. This Convention requires contracting states to make cyber attacks a substantive criminal offence and to adopt procedural and mutual assistance measures to better combat cybercrime across international borders. It stipulates such criminal offences as intentional access to a computer system without right and unauthorized interception, data interference, system interference, misuse of devices, computer-related forgery or fraud, infringement of copyright and related rights. In particular, the Convention provides for the attempt and aiding or abetting of such activities as criminal offences, and the criminal, civil or administrative liability of a corporate as well. It also contains procedural law and measures so as to facilitate the investigation and prosecution of cybercrime. Though the Convention does not come into force because of the belated ratification of contracting states, it is necessary for Korea to accede to the Convention as soon as possible, and to make the Korean laws consonant with the requirements of the Convention. Against these backdrops, any nation should be careful of the following limits in the international cooperation to enhance penal justice: - To establish pornography or gambling as criminal offences varies from country to country in line with the legal and cultural background; - To deliver its nationals and evidences to other country is hardly possible owing to the supremacy of national sovereignty; and - To pursue its own national interest, technological and economical advantage could undermine the international cooperation.

목차

Ⅰ. 서론

Ⅱ. 사이버범죄방지에 관한 국제협력동향

Ⅲ. 사이버범죄의 형사재판관할권

Ⅳ. 수사와 재판에서의 국제형사사법공조

Ⅴ. 형사사법공조에 있어서의 문제점

Ⅵ. 사이버범죄방지조약의 검토

Ⅶ. 결론

참고문헌

Abstract