정보통신 관련 특별법에 대한 형사법적 고찰

Abstract

Our society is increasingly becoming information and communication intensive with the advances of new technologies. Under the circumstances, the telecommunication laws support social subsystems and plays a role in ensuring that social subsystems can work smoothly. And actions or behaviors that can threat the subsystems need to be punished with administrative or criminal sanctions. In fact, there are a lot of administrative sanctions as well as criminal sanctions in the telecommunication laws. But the problem is that criminal sanctions in the telecommunication laws are far removed from the idea of classical criminal law. The idea of classical criminal law is, of course, not perfect, but has been developed over a long period of time to protect the right of citizens and to guarantee the right of criminals. And it is still considered important in our modern society. But the critical problem of telecommunication laws is that legislators don’t enact legislation for telecommunication cases in the classical criminal law system. Therefore, criminal sanction is used as the most powerful method for telecommunication cases and penalty shows no consistency for similar cases. In particular, much of current debate about the criminal sanctions in the telecommunication law are outside the area of mainstream criminal law. And the current procedural regulations are inadequate to telecommunication crimes. To solve these problems, criminal sanctions of the telecommunication laws for ordinary citizens should be integrated into the criminal code or a single code. As our society is becoming even more information and communication intensive, the risk associated with information will grow and criminal sanctions in the area of telecommunication will be expanded. Therefore, we should not leave this situation as it is. I believe that jurists should be more active in dealing with the problems and should be able to make meaningful changes to this situation.