사이버불법행위에 관한 법리 소고 - 민사 법리의 적용을 중심으로 -

A Study on the Legal Principle about Cybertrespass - Centered on the limits of application for the legal principle of civil law -

The rapid development of internet, these days, has required the change about the traditional law. For example, various kinds of illegal acts, such as harmful provision of information and making interruption for flow of information have appeared. The judgement of civil law on illegal acts divide the responsibility on the basis of the principle of self-government and criminal responsibility. Therefore, an illegal act in the cyberspace should be basically imposed the responsibility by civil law and various kinds of illegal acts occurring in the cyberspace are being applied with the same illegal responsibility as in the real space. However, illegal acts in the cyberspace occur through the internet, which causes the difficulty of decision of an illegal actor, deficient recognition on an illegality and the difficulty for the calculation of damage. Because of this, various analogical application for the legal principle of civil law is being tried and discussion and preparation for putting the responsibility on a third person who provides the tool as internet is being unfolded. It is also being unfolded that how different the kinds and methods of illegal acts occurring in the cyberspace are from those in the real space, furthermore, which legal principle should be applied for these. In this paper, illegal acts violating the private right and benefit through the internet connection not being allowed in the cyberspace was named "cybertrespass" and the characteristics of the legal regulation on these was researched with the comparison to illegal acts in the real space. This paper studied the regal principle of cybertrespass centered on the dispute about Trespass to chattels which American court is applying for cybertrespass and then, researched this dispute of the illegal principle with the comparison to Korean legal principle of cyberlaw. Furthermore, It analysed the kinds and limits of the legal principle for illegal acts being applied in the cyberspace and then, tried to find the appropriate method for the legal principle of civil law in the cyberspace.