형법적 관점에서의 사이버불링(Cyberbullying)에 대한 소고

A Study on Cyberbullying from a Criminal Law Perspective

In recent years, our society have(has had) various problems related to cyberbullying. The number of cyberbullying victims has been on the rise. As a result, many people fell victim to cyberbullying or are suffering from it. Furthermore, cyberbullying causes secondary effects. For example, some of the victims who bullied committed suicides or they attacked others. But criminal law still has no answer to the problems of cyberbullying. Because cyberbullying is not a main issue in the area of criminal law and many jurists don't understand the new mechanism of cyberbullying. And jurists don't feel the need to make provisions for cyberbullying. Because they think that cyberbullying could be punished according to the present rules. Cyberbullying is a comprehensive concept that a majority harasses, torments or bullies a personal or a minority in cyberspace intentionally and repeatedly. Therefore, some of the cyberbullying behaviors could be punished according to criminal law or Act on Promotion of Information and Communications Network Use and Information Protection. But, in holistic consideration of the characteristics of cyberbullying - repeatability, mob, media, bullying, we need a new provision of cyberbullying. Many countries already have the provision to punish cyberbullying in criminal law etc. So, we have to grasp the reality of cyberbullying in korea and understand it in the system of criminal law. Then, we should develop the discussion about cyberbullying in the area of criminal law.