사이버 공간에 대한 준보편적관할권 성립 가능성에 관한 연구

Abstract

This study addresses the issue of jurisdiction in cyberspace and analyzes the limitations of existing legal systems in effectively regulating cybercrimes. Since cyberspace transcends physical boundaries, traditional principles of territoriality and nationality are insufficient for effective law enforcement. As a result, criminals exploit legal gaps between countries, and individual national enforcement is limited in addressing the issue. To resolve this, the international community has established international norms such as the Budapest Convention and the UN Cybercrime Convention. However, due to differences in national legal systems and the principle of sovereignty, practical cooperation remains difficult. This study explores the feasibility of applying quasi-universal jurisdiction for cybercrimes. While universal jurisdiction allows all countries to prosecute serious international crimes, such as war crimes or genocide, cybercrimes are not currently included. However, Article 22 of the UN Cybercrime Convention allows countries to establish criminal jurisdiction through their national laws, suggesting the potential for establishing quasi-universal jurisdiction for cybercrimes. To effectively combat cybercrime, measures such as the establishment of an international evidence-sharing system, standardization of extradition procedures, and the creation of joint investigation and information-sharing networks are necessary.