인터넷범죄의 형사법적 과제와 전망

• 발행기관: 한국인터넷법학회
• 저자명: 정완
• 간행물 정보: 『인터넷법연구』제2호, 205~252쪽, 전체 48쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.04.01

영문 초록

The Internet has expanded our daily life into the cyberspace. At the same time, the explosive electronic commerce ushers in more and more side effects like computer crimes. According to the Cyber Terror Response Center in the National Police Agency, they have received an increasing number of reports with respect to criminal activities in the cyberspace, for example, computer frauds in the Internet shopping mall, frauds in electronic payments or cyber-trading of securities, illegal use of others' personal information, ete. Also swelling unsolicited commercial e-mails undermine the convenience and efficiency of communications in the cyberspace. In particular, unlimited adult advertisement and adult broadcasting through the Internet reportedly make havoc of youngsters. This paper deals with the following criminal activities: - Computer hacking and viruses; - Frauds In the e-commerce, fraudulent auctIon In the Internet, cyber-marketing of harmful or defective products, fraudulent misrepresentation of products through the Internet, illegal pyramid sales promotion in the Internet; - Unsolicited commercial e-mails, frauds by means of e-mails; - Defamation in the cyberspace, blackmailing through the Internet; - Conspiracy and aid of committing suicide or other crimes; - Sexual harassment in the cyberspace, cyber-stalking, cyber-prostitution; - Sales of pornographic products through the Internet; - Unauthorized copying of computer software and digital products; and - Theft and fraud of Internet game items. More often than not, unfortunately, the criminals who committed the above-mentioned illegality stay oUt of the scope of the criminal law, because they operate their computer servers in foreign countries. Investigation and persecution of those criminals call for the cooperation of police of the state concerned by way of bilateral or multilateral treaties. Then what kind of measures are in great need for the prevention of Internet crimes? The conspicuous feature of computer crimes is the swift and unlimited dissemination of criminal offences through the Internet. Therefore prevention is more important than cure and punishment. Also there need upgraded security measures against e-commerce frauds such as thorough confirmation of identity of counterparts, use of encryption technology, anti-theft of information. It might be useful to allow only the real name users in the Internet communications. Also all the players in the cyberspace are required to adopt the enhanced technologies like filtering, anti-copying, data protection, etc.

목차

1. 서언

2. 주요 인터넷범죄의 실태와 대응법규 현황

3. 최근 이슈와 대책

4. 결어

Abstract