사이버모욕죄 신설에 관한 고찰

Abstract

We are living in the digital age. Lots of people in the world are using the Internet and so we are spending our lifetime in the Cyberspace through the Internet. The Internet has a lot of good functions, for example, internet searching, internet commercial transaction, internet shopping mall, email sending, playing internet game, operating the bulletin board system etc. On the other hand, the Internet has a lot of bad functions, for example, cybercrime, like cyber hacking and virus spread, cyber contempt, cyber libel, cyber pornography, cyber gambling, cyber violence, cyber fraud etc. Due to the characteristic of cyberspace, defamation in cyberspace, when compared to off-line defamation, is a momentary and widespread violation of human rights and has possibility of fabrication of defamation even by the third party. Cyberspace is invisible and it is possible for criminals to defame other people without exposure of their faces and identities. There is almost no restriction in approaching network-connected cyberspace. So anyone can spread easily that information and diffuse defamation indefinitely. With the development of cyberspace, the research on cyberspace should be developed continuously. Although it is important to prepare measurement in terms of criminal law in order to deal with cyber defamation of character, more fundamental measurement is to improve netizens' ethics and to reinforce ethics education. No matter how perfect law is prepared, unless netizens' consciousness is changed, the law is unless. For this, investigation organization, educational organization and private groups should operate cybercrime preventive class for students on a regular basis, and reinforce ethics class of school curriculum. In addition, it is also ideal to have online service providers create cyberspace user guideline for themselves, and protect individual's fame through monitoring. We have many laws and regulations about internet crimes. But a lot of cybercrimes are not reduced any longer. Why ? We should make a lot of efforts to reduce cybercrimes like as new lawmaking of cyber contempt, enforcement of real name using system in cyberspace, strengthening of self regulation against cybercrimes, international cooperation in field of cybercrime etc.