사이버범죄 예방을 위한 법제도적 해결방안 - 가칭 ‘사이버범죄 특별법’ 제정논의를 중심으로 -

Abstract

Not till the present time since it appeared ten years ago, has the cyber-crime been included but it has been distributed into the diverse special law. So we have regulated it oppressively by the several and simultaneous law whenever we run into the serious social troubles. With too much special regulation, the temporary method caused excessive crime and punishment. thus, we should streamline the related law and enforce the function of general prevention. Moreover we ought to make the cyber space criminal law in order to respond the cyber-crime emerging and changing with the state of art communication technology. We can discern the cyber-crime by telling the traditional crime using cyber space from the particular cyber space. We can include the one by revising the criminal law. And then we can legislate the other by conditionizing the newly emerging cyber-crime. We should take the following points into consideration, legislating the special cyber space criminal law. First of all, we should consider the equilibrium with off-line crime. We have treated it particularly by adding to punishment and conditionizing the social problem without thinking of pertinence about the punishment. Nevertheless, we have to discuss the cyber crime within the existing criminal law because the cyber space is no more than real world. Second of all, we should create the appropriate procedure of investigation. for sure, although we should not treat the cyber space, it has traits different from the traditional crime. So it needs the different investigation way. Thus we need the provision for both the substantial law and the procedure. Third of all, we should create the responsible provision of on-line suppliers. The role of on-line suppliers is very important. However need to discharge the responsibility of on-line suppliers on account of the basic criminal law principle, the responsibilities, which we think much of. Last of all, the final consideration point is the enlargement of technological precaution devices and protection measures. The previous method to prevent cyber crime is through the enforcement of the security system but we can't completely achieve the safety only through the technological precaution devices. They are just the primary measures and then we can respond to the cyber crime by the post criminal regulation. Nevertheless, we need to enlarge the protection measures in consideration that the punishment is irreversible