사이버범죄 처벌규정의 문제점과 대책

• 영문명: Proposal of Amending Inconsistent or Deficient Cyber-crime Provisions
• 발행기관: 한국형사정책학회
• 저자명: 강동범(KANG Dong Beom)
• 간행물 정보: 『형사정책』刑事政策 第19卷 第2號, 33~54쪽, 전체 22쪽
• 주제분류: 사회과학 > 정책학
• 파일형태: PDF
• 발행일자: 2007.12.30

영문 초록

  Korea is now considered as one of the leading countries in internet use and broadband internet access. Cyber-crime can be defined as any criminal activity committed in cyber-space. As technology continues its exponential growth, and as our reliance on technology grows more and more every day, the potential consequences of cyber-crime also grow more severe. Accordingly, it becomes necessary to take measures of preventing cyber-crimes.
  Most types of cybercrimes, especially new ones, are not legally punishable due to the deficient cybercrime legislation. For that reason, provisions of cybercrime were newly added upon the amendment of the Criminal Act in 1995. Further, a special law such as Act on Promotion of Information and Communications Network Utilization and Information Protection etc. was enacted in 2001 and frequently amended several times afterwards.
  This author proposes to classify types of cybercrimes as three types, that is, traditional type of cyber crime, new type of cyber crime, and unique type of cyber crime. Firstly, a traditional type of cybercrime includes cyber sexual violence, cyber stalking, cyber threat, cyber defamation, cyber sabotage, cyber secret infringement, cyber fraud, data？related cyber crime, pornography distribution via internet, cyber gambling, etc. This type of cybercrimes can be punished according to the traditional criminal codes. Secondly, a new type of cybercrime, which became newly punishable upon the enactment of special laws, includes hacking, virus distribution and spam mail etc. Thirdly, a unique type of cyber crime includes cyber-squatting, illegal procurement of cyber-money or items, and cyber-character related infringement. This type of cybercrime can be distinguished from the other two types of cybercrimes because it can be viewed as not directly infringing any legal interest protectable under the traditional criminal codes. Thus, it is necessary to review punishability of this type of cybercrime, and if punishable, what can be the requirements for the punishment.
  Moreover, rather than adding additional provisions in the traditional criminal codes, too many special laws became enacted, thus the punishable criminal codes in the special laws became invisible and difficult to comply with.
  Therefore, if we intend to enact or amend criminal codes of cybercrime, we have to consider as the first priority what is the task of criminal law, and then to explore what extent criminal punishment is necessary through balancing the legally protectable interest and punishment of a specific cybercrime. Finally, this author proposes that new type of sanction needs to be actively utilized which is alternative to traditional punishment such as probation－social service order － ordering a convicted person to attend lectures. Furthermore, we need to explore introducing the administrative measures such as the internet real-name system, and compulsory maintenance of log-in record for certain period.

목차

Ⅰ. 사이버범죄의 개념과 유형
Ⅱ. 사이버범죄 처벌법규의 현황과 문제점
Ⅲ. 사이버범죄 처벌규정의 정비방안
Ⅳ. 맺음말
ABSTRACT

키워드

사이버범죄 사이버범죄처벌규정 정보통신망장애 개인정보침해ㆍ누설 비밀침해ㆍ도용ㆍ누설 해킹 바이러스 유포 피싱 파밍 보트넷 cybercrime cybercrime provisions causing troubles in information and communications network infringement or leakage of personal information infringementㆍtheft or leakage of personal secrets hacking transmission or distribution of virus phishing pharming botnet