학술논문
사이버 범죄와 관할
이용수 104
- 영문명
- Cybercrime and Jurisdiction
- 발행기관
- 중앙대학교 법학연구원
- 저자명
- 鄭惠旭(Choung Hye-Uk)
- 간행물 정보
- 『법학논문집』法學論文集 第31輯 第2號, 59~83쪽, 전체 25쪽
- 주제분류
- 법학 > 법학
- 파일형태
- 발행일자
- 2007.12.01
5,800원
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국문 초록
영문 초록
Technological Development of computer network technology has resulted in a totally new type crime, which is commonly called transnational cyber crime. This evolution has led to a multitude of new problems for traditional criminal law, which stem primarily from two fundamental characteristics of cybercrime.
First, the growing importance of incorporeal objects raised many new questions with respect to the legal status of incorporeal objects, for both substantive and procedural criminal law.
Second, the technological possibilities of the Internet for committing a crime in one country with disastrous consequences in many other countries led to new questions of transnational crimes for procedural law, for international co-operation as well as for substantive and procedural jurisdiction.
In this area, serious problems exist, since the concept of criminal jurisdiction is based mainly on the principle of territoriality, whereas cyberspace seems to concern a global space where territorial frontiers have no significance. Thus in some cases, especially with respect to illegal content on the Internet, the question arises whether cybercrimes are not covered by any national jurisdiction or whether they should fall under the jurisdiction of every national legal system, if, for example, the illegal contents of a server on the Internet can be accessed in all countries of the world. In practice, this question of substantive jurisdiction is particularly important, as many crimes in cyberspace are judged differently by the various legal systems.
The aim of this seeay is to answer these questions of substantive jurisdiction for Korean law and to develop some ideas for future international solutions to cybercrime jurisdiction.
As a consequence, the accessibility of content considered legal in foreign countries cannot be prevented in any corner of the globe today without internationally recognized minimum penal standards, adequate provisions of procedural law, and the implementation of these with the help of international agreements. Thus, aside from the adequate right of sovereign states to apply penal sanctions, global cyberspace requires a global criminal-law response in which Internet-specific regulations governing the scope of individual national criminal jurisdictions are complemented by minimum international co-operation.
First, the growing importance of incorporeal objects raised many new questions with respect to the legal status of incorporeal objects, for both substantive and procedural criminal law.
Second, the technological possibilities of the Internet for committing a crime in one country with disastrous consequences in many other countries led to new questions of transnational crimes for procedural law, for international co-operation as well as for substantive and procedural jurisdiction.
In this area, serious problems exist, since the concept of criminal jurisdiction is based mainly on the principle of territoriality, whereas cyberspace seems to concern a global space where territorial frontiers have no significance. Thus in some cases, especially with respect to illegal content on the Internet, the question arises whether cybercrimes are not covered by any national jurisdiction or whether they should fall under the jurisdiction of every national legal system, if, for example, the illegal contents of a server on the Internet can be accessed in all countries of the world. In practice, this question of substantive jurisdiction is particularly important, as many crimes in cyberspace are judged differently by the various legal systems.
The aim of this seeay is to answer these questions of substantive jurisdiction for Korean law and to develop some ideas for future international solutions to cybercrime jurisdiction.
As a consequence, the accessibility of content considered legal in foreign countries cannot be prevented in any corner of the globe today without internationally recognized minimum penal standards, adequate provisions of procedural law, and the implementation of these with the help of international agreements. Thus, aside from the adequate right of sovereign states to apply penal sanctions, global cyberspace requires a global criminal-law response in which Internet-specific regulations governing the scope of individual national criminal jurisdictions are complemented by minimum international co-operation.
목차
Ⅰ. 들어가는 말
Ⅱ. 전통적 접근방법에 의한 해결의 시도
Ⅲ. 새로운 해결 방안
Ⅳ. 맺음 말
참고문헌
ABSTRACT
Ⅱ. 전통적 접근방법에 의한 해결의 시도
Ⅲ. 새로운 해결 방안
Ⅳ. 맺음 말
참고문헌
ABSTRACT
키워드
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