사이버범죄에 대한 재조명

Review of Cyber-Crime in Criminal Law

Perhaps the most significant development of our time, even more significant than the end of the cold war, is the revolution in information technology which we are currently experiencing. Recent and anticipated changes in telecommunications technology in light of the convergence of communications and computing are truly breathtaking and have already had a significant impact on many aspects of our life. Banking, stock exchange, air traffic control, telephones, electronic power and a wide range of institutions of health, welfare and education are largely dependant on information technology and telecommunications for their operation. Especially, digital technology has rapidly developed to increase various kinds of digital information. Even if resonable legal ground is required to protect the digital information, law and judgement about digital information that has intangible economic values are remarkably separated from requirements in the era of digital environment. The online game items has become a very common and important objects in deal between gamers and there are happening many harmful acts which are related with items. I assert that the online game items in cyber space should be treated as properties in actual world, this means that online game items is not no more than digital images consisting of digital codes. So the online game items could be existed like actual products, and could be governed exclusively for the owner and should be regulated to prevent others from making use of them illegally. Nevertheless, current laws and interpretations about online game items have denied that online game items including cyber-space goods could be properties in property crimes such as theft, robbery and fraud. Therefore we should recognize online game item as an object of property crimes, and legislate new causes for illegal acts related with online game items in criminal law. By these remedies the information society can be developed into more just and sustainable one. Also as internet is becoming common method of communication, we can experience cyber defamation on web space so often, and be victim of cyber defamation. so because of this phenomenon and serious results of defamation victimization on cyber space, there are many kinds of opinions that new responsive means have to be taken to this problem. But the key point to solve these serious problems is that we must find solution to secure liberty of speech or expression, simultaneously to secure safety of cyber space, because two aspects has same important meaning with us.