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Internet 관련 犯罪의 動向과 그 對策

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The Trend of Internet Related Crimes and their Solution

Internet 관련 범죄의 동향과 그 대책

송광섭

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Internet related crimes are a crime which is inter-related with high specialization technicality leakage of information intellectual-offence and deviant behavior. Without the accurate countermeasure, we can't achieve the desired end. So we should find out multilateral and general measure. Always crimes go in advance of the measure, so the counter measures against, computer crime can not be final. Nevertheless, we can't be careless in making the measure, but we should always consider a counter measure. 1995. 12. 29. our country revised criminal law and consolidated direct provisions, especially on the computer-hacking. But, inspite of the revision, especially on the computer-hacking. But, inspite of the revision, we have many problems'. So, first of all, through the positive and empirical study, we should revise criminal law and computer crime related provisions systematically. As the aspects and techniques of internet related crimes are always changing with the development of computer technology, there will be many problems with principle of legality, when we apply the existing abstract provisions to the new crime. We can not be lazy in studying the emerging internet related crimes and taking concrete shape of the provision. And it will be a big help to that desirable to import the foreign provision without consideration of our reality. Without the positive and empirical study on internet related crimes, sometimes important crime will be out of reach of the punishment. Due to these day's development of computer and technology of communication, the personal computers are widely supplied and especially PC communication and exchange of the informations became the most important function. With the advent of internet, new aspects of crimes are appearing. Up to now, the fraud by using the computer or the interference in the execution of duty by the illegal operation of computer was the leading aspects of computer crime, but nowadays with the advent of internet, database crime or network crime like the computer hacking became the important aspects of internet related crimes. These new aspects of internet related crimes are defusing into domains of traditional crimes. Nevertheless to follow and punish the acts on the internet is not technically easy, and as it is emerging international shape, to settle it by international law is not that easy. Harmful acts in the information-oriented society are very diverse in kinds and aspects, and it is difficult to enumerate. The point is that among the new acts in the information-oriented society we should decide which acts are to be punished and which acts are not to be punished. It is needless to say that the criminal law should be the last resort. But owing to the characters of the characteristics of the information-oriented society, when the traditional standards can be applied, the question of what is the basis and how it can be applied in a concrete way is not settled. And if it cannot be applied, how can we make new standard is also an unsettled question.

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  • 송광섭 Song, Kwang Soub

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