해킹에 대한 규제법규에 관한 연구 - 문제점을 중심으로 -

Abstract

Computer crimes had been radically increased since the early 1990’s. The governmant had enacted many special laws as countermaesure of the crimes before the criminal law revision in 1995. These special laws that exists now, raise many legal problems like penalty unbalance, legal systemic discord. In this paper, the problems related hacking and the solutions through the interpretation theory of criminal law are discussed. The conclusion of argumentation is that all the crime by hacking is able to be punished by criminal law. Intrusion of information correspondence network through invading system proteciton programs among many kinds of hackings is able to be punished by the property injury(§366), computer hindrance(§314), computer secret infringemen(§316) rules without applying the special laws. Although the unaccomplished offence of computer secret infringement in the criminal law is not punished and the crime related it can be punished only by complaining of the sufferer, in the special law there is the rule to punish the unaccomplished offence of computer secret infringement. Juging from the punishment restriction of the criminal law, this is very excessive rules. Therefore it must be demolished. The terms of ‘without access authority’ is similarly prescribed in two speceial laws. But its legal nature is not only differently interpreted but also the legal effect is different. Finally the special law that portects the more importent legal interest is slighted by this formation system of terms. One who enacted the terms in the special laws must expalin the reason why the same things are differently interpreted and applied.