컴퓨터범죄 처벌법규의 재검토-美國과 韓國의 立法을 中心으로-
A Review on The Laws about Computer - related Crimes
임석원
초록
The rapid emergence of computer technologies and the Internet's exponential expansion have spawned a variety of new criminal behaviors. As a result, the government revised the criminal law in 1995 to work out this problem and enacted many special laws as countermeasure of the computer crimes. But these special laws that exist have not been in accordance with the criminal law revision in 1995. Besides the criminal law revision in 1995 cannot protect the computer crimes which are being changed. Now the computer crimes are not the crimes which are made a target of specific people. On the contrary, they are taking aim at the general public. Therefore, there is some distorted possibility of the criminal law from regulation of criminal special laws that exist. For that reason, it is desirable that the criminal law should have restriction for computer - related crimes. It is my thought that solution to be shown before cannot solve perfectly Computer - related Crimes. But as a part of concrete endeavor, it should be demanded swiftly to include penal regulations of information and communication law into the criminal law, to prepare penal article of illegal use of computer and protective article for state control computers, to legislate protective article for data in transmission, to make up for restriction-relaxing articles in illegality-remission-reason connected with computer - related crimes of general provisions of the criminal law, to establish penal article of computer - related criminal negligence.