사이버범죄에 관한 연구

Abstract

Modern society, called the Information Society, is changing at too high speed based on high information technologies to predict our future, and cyber space keeps expanding further and it is being given a great deal of weight in the information era, accordingly. This study aims to describe the development progress of computer crimes and cyber crimes under the title, 'Cyber Crimes'. It also examines the general idea of computers, which is a major object of computer crimes, and its meaning in the criminal context and considers cyber crime as a comprehensive criminal act that is constituted in cyber space. The characteristics of cyber space are anonymity, non face-to-face communication and those of cyber crime are the seriousness of infringement of people's rights, a lack of feeling guilty, crimes of deception, high frequency of criminals and complicity in crimes. There are a lot of theories of the classification criteria of cyber crimes and it is found difficult to firmly establish them. This study classifies cyber crimes into the essential type crime and unessential cyber crime by the media of cyber space . Quite Cyber type refers to possible within the cyber space itself such as hacking, malwares distribution, spam-mail and Denial-of-Service attacks. On the other hand, non-quite cyber crime refers to crime that uses cyber space as a tool, for example Internet auction fraud, piracy, service of illegal contents, defamation, ID theft, cyber stalking, cyber gambling, exchange of prohibited product, etc. This paper lays a finger on problems with countermeasures for the current controversial cyber crimes and punitive regulations in force in current legal system by conducting an analysis of other countries' lawmaking cases and countermeasures, and suggests better solution for cyber crimes. The government adopted a special law to correspond to the adverse effect of the public Internet use from the middle of 1990's, instead of applying criminal law. Legislation that criminalizes certain acts thus is commonly applied to cyber criminals by police as follows : ￭ Criminal Act ￭ Act on Promotion of Information and Communications Utilization and Information Protection, etc. ￭ Information Communication Infrastructure Protection Act ￭ Protection of Communications Secrets Act ￭ Framework Act on Telecommunications ￭ Telecommunications Business Act ￭ Location Information Protection Act ￭ Copyright Act ￭ Radio Waves Act ￭ Digital Signature Act ￭ Computer Programs Protection Act By this government's countermeasures, some problems such as penalty unbalance among several laws, legal system inconsistency, and similar rules dispersed in many special laws occurred. As it is shown in the American and Germany legal system where cyber crimes are being addressed in the positive manner regarding the application of a criminal law in countries, it is found that they are trying to make a practical study on the means best suited for their system and public order by applying the existing laws to cyber crimes extensively. In conclusion, this study summarizes the improvement plans for the regulations of criminal laws and special laws by types of cyber crimes, and strengthening internet service provider's liability, promoting cooperation between the administrative machinery and puts an emphasis on the necessity of voluntary control, an indirect regulation of cyber crimes.