디지털성범죄정보 유통방지제도에 관한 연구

Abstract

The purpose of this paper is to examine the problems of Korea's digital sexual crime information distribution prevention system and propose the following improvement measures. First, there are various institutions that perform digital sexual crime information prevention functions, so it is difficult to actively and quickly respond to damage prevention and victim relief. To improve this problem, the control tower ministries should be stipulated by law to integrate and coordinate the specific duties of each ministry and distributed ministries, and measures should be prepared in advance to prevent gaps in the investigation scope of the Ministry of Gender Equality and Family. To this end, it is necessary to set up a control tower in the president's office or the prime minister's office to manage and supervise the duties of deliberating digital sex crime information, investigating and punishing related people, and supporting victims. Second, digital sexual crime information distributed through overseas servers is subject to correction requests (access blocking), but it is difficult to secure its effectiveness due to limitations of Internet jurisdiction, limitations of access blocking technology, and bypass access technology. In order to improve this problem, it is necessary to establish a global regulatory system by selecting information that can respond to illegal information such as child pornography and sexual activities taken against the will of victims. In addition, in order to prevent the continuous and repetitive distribution of digital sexual crime information, it is necessary to introduce a system that indicates that illegal information is being distributed through the International Internet Address Management Organization. Exceptionally, it is necessary to strictly judge the purpose of illegal information distribution and the number of violations and prepare procedures to take measures such as suspension of use of the Internet address and refusal of use. Third, in order to give Internet service providers the obligation to prevent the distribution of digital sexual crime information, a standard for determining whether illegal filming is carried out on a unified basis must be prepared. Fourth, it is necessary to prohibit the distribution of digital sex crime information through written resolution (electronic deliberation) if the victim's intention can be estimated by easing the judgment of the constituent requirements of filming materials using cameras, etc. under Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. Finally, in order to prevent the distribution of illegal information such as sexual violence crime information, it is necessary to establish autonomous regulations such as Internet users and Internet service providers. In addition, an international cooperation system should be established to have a quick and systematic sex crime information management system.