신종 사이버범죄에 대응하기 위한 법제 정비 방안

Abstract

The purpose of this study is to review legislative readjustment measures in response to new aspects of cybercrime. To this end, the concept and status of cybercrime that has traditionally been discussed were reviewed (II), and the specific trends and characteristics of cybercrime were outlined (III). It also presented its own ideas on the limitations of the current legal system for responding to cybercrime and the legislative readjustment measures for responding to cybercrime(Ⅳ). First of all, regarding the concept of cybercrime, pointed out that it has to be fluid as technology advances and changes, and looked at the current status of cybercrime on the premise of this. Next, it mentioned transnationality, professionalism, extensive damage, anonymity and non-face-to-face as traditional characteristics of cybercrime, but pointed out that some of these traditional characteristics are not found in light of recent “telegram incidents” or crimes occurring on the Dark Web. Also, examined the meaning of hacking, malware, data destruction, and confidential infringement, cyber business obstruction, cyber fraud, and legislative maintenance status as specific types of cyber crimes. Finally, regarding the current status of legislative reform in response to cybercrime, it was pointed out that there are some flaws in the basic legal readjustment status, but there are some flaws in the detailed argauments, and above all, no legislative effort can be found to counter new cyber crimes in Korean criminal law. And in order to effectively respond to new cyber crime in the event that the boundary of cyber crime is disappearing, It is necessary to consider the following: ① avoidance of dichotomous thinking in cyber space and offline space, ② improvement of criminal law and special law, ③ introduction of investigation techniques specific to cyber space, ④ development of virtual currency regulation and tracking system, ⑤ other matters (the removal of risks of the Internet of things, the introduction of new technologies to prevent crime etc).