온라인 법률정보 시스템에 대한 침해와 형법적 대응

Invasion on On-Line Legal Information Systems and Criminal Responses

  Stability of Security in operating constructed system and Guarantee of Confedence for Data is prior settlement to maximize on-line legal information systems. In practice, the worse situations become more serious because of wickedness of various kinds of computer crimes as the number of computer user has increased. rapidly. As to this matter, for more secure using of legal information, this study focuses on computer data base, especially types of criminal injury in legal information systems, and on adapting regulations to the each type.   Generally, types of crime with computer were discussed unlawful operation of computer, computer spy, improper use of computer, and breakdown of computer. First, input of informations and misusing of program, consol, or output are the parts of unlawful operation of computer. Second, breakdown of computer, so called "computer sabotage", means bringing about property damage and interference in one"s business by destroying and paralyzing others" computer. Third, computer spy means conducts of wrong collection or use of data, outcome, or program which is in computer processing including storage, transmission of the data. It is also described as unfair collection or disclosure.   In response against these kinds of computer crime, it is inevitably needed legal sanctions, especially such as criminal punishment. Though Korean Criminal Law depended on its interpretation for a settlement because it could not reach new problems, Criminal Law 1995 amended, newly established regulations and special act related with information communication against those crimes. Therefore, this study emphases on how to contain certain conduct into a crime against each type of infringement in the area of information communication.