사이버범죄의 수사상 문제점과 대책에 관한 연구

Abstract

ABSTRACT

A Study on the Problems of Investigating Cyber Crimes and Possible Solutions.

Yu, Baek-Jun Advisor : Prof. Moon, Jeong-Min. Ph.D Department of Law Graduate School of Chosun University

We followed today in advancement of information and communication technology and the computer was used in until life every corner and it followed was not also the physical actuality world Internet the cyber space where it leads and, with an actuality it fell and in him and there was not a water service which it will think also one society appeared. Like this Internet is appearing it is absurd convenient it brings it did in our daily life, but hereupon just as good as the disfunction actual condition which expands the activity stage of the crime sleeping field in cyber space. From here becoming the problem the crime which occurs from cyber space discipline it does with law the thing to, is having a many limit is. For the order maintenance of cyber space consequently the new legal system it must take a triangular position and with a cyber crime by now it did must consider the whole confrontation plan recently because comes a that time tenure adaptation to circumstances confrontation even in and to be taken up it became, to think.

It is a IT powerful country where the oneself and others recognizes. The Internet utilization factors the above our citizen 6 three as 75.5% reach to 34,430,000 superhigh speed Internet member water service August 2007 end of the month current population hundreds of people spot 33.4 people the world-wide forefront it will be running and it will be able to use the Internet even from the road. Consequently the new species crime which is a cyber crime does not do is swaggering the investigation office the confrontation with a cyber crime in relation knowledge insufficiency ease. Also the government authority validity is appropriate does not confront is the actual condition even with of course international. But recently versatility it prepares a countermeasure from the government and each agency - the group and there is not a possibility without being the day when it is lucky.

The research which it sees like this problems let in mind and the concept which is a cyber space, it arranged occurs recently at cyber space to observe the concept of the multi branch crime which and the tendency back of present condition and change of shedding of blood and crime of cyber crime it tried. And at the investigating against a cyber crime problem point and the reporter to discuss a countermeasure under first, in problem point of the existing law system, with problem point at the entity law, our elder criminal law until 1953 establishment by law after 2001 with opening a court of some order part disposes in cyber crime and it is but, against the crime actual condition which in the Internet center occurs from cyber space the effective countermeasure did not become and to bear the problem which mass produces the various special law, it rolled up. Because the elder criminal law the flag it occurred against the hitherto crime sun time after death of the kind which it provides because is a norm where the legislation concept is strong occurrence against the crime shedding of blood which is possible in future falls in love in the principle of clarity opening a court is not easy not to be, it evolves suddenly and to the cyber crime which is had own way in the form which is various spontaneous intelligence it is in order not to be able. One side, there is to the special law and, a various law regarding a cyber crime there is but also the elder criminal law department there is not a lot different and see from crime the prevention and protection effective intelligence cannot are bearing a problem point. In afterwords problem point at the process law First percentage volume cyber crime relation judges they are two things it is a problem to where. The cyber crime at quality of the crime which occurs from cyber space leads from inside information telecommunication system which is connected whole world and regarding the data which are illegal circulates it will be able to apply our elder criminal law becomes problem. Also, it does from the foreign nation and the investigation activity with a position crime or is and to sprout the investigation office of the foreign nation it leads and as the specialty evidence regarding the investigation document back which is drawn up permitted limit in case of restricted problem and confiscation - the search of evidence ability until where is the back becomes problem. The danger is abstraction but public order maintenance hazard it stands and that the case elder criminal law which is urgent must be exercised restricted will be born only the clarity could not be sacrificed it sees. Namely, with cyber crime the hazard which it disposes in same new species crime the thing the punishment regulation which stands must be having a flexibility is. Opening a court which collects the contents it will be able to win over consequently in the criminal law to lead and must prevent the legislation coat blank or a duplication actual condition. Only punishment regulation it lets to decide in advance from like that meaning and the contents of composition important matter it could be used in type of the order back in order, positivity must be investigated the introduction of the "Blanketstrafgesetz" and that, it sees. In after words, with cyber crime the case of the crime which is same special exceptionally will be punished because the negligence is many and from the traditional elder criminal law system it will escape necessary and to magnify the punishment of fruit act, must strengthen the elder criminal law legal punishment of reserve phase also. The elder criminal law in committing a crime reserve - conspiracy the before starting it is punishing in only exceptional case. The cyber crime approaches the computer but and when only schedule one fabrication it does and the result is automatic immediately and it is wide and it occurs to have the schedule one crime doctor, when it starts, reserves almost simultaneously, because the lance of conspiracy and execution becomes from reserve phase to be a necessity must punish, In end currently the punishment law which relates with information anger is being scattered to elder criminal law other multi special law this to integrate composition important matters, system and there is a consistency and it ties the what is called the cyber crime relation special law establishes relates at one and same law and will be the plan which treats the fact which in cyber crime include. By second, investigation actuality coat problem point and countermeasure First cyber crime the advancement and propagation velocity of the level of technique are quick too much and there is a problem the place where it prepares the counter-measure which even as the investigation office or the others agency is appropriate, the ethical ceremony of the net from the thin outdoors the multi problem points which come to knead from civil official negligence of the slander back group act which comes out and personal information is a wild possibility in after words. If consequently, system, from confront in cyber crime the professionalization of the investigation manpower for to be necessary, it prepares in international crime and the national for mutual assistance system validity is appropriate and to accomplish and quality possibility in order to be, it means the government must endeavor, at quality of cyber crime it appears just now and it disappears and it will be able to confront quickly in quick crime in order, must equip a real-time countermeasure system, the flag hazard the member anger of the crime hardship one´s post which stands is necessary. In order for also the relief regarding a crime damage is appropriate and to become accomplished quickly, it means the setup must be maintained. After words, cyber crime the punishment elder quantity is heavy no matter how by social countermeasure and it is arrested certainly and is punished the psychological compulsion is operating sits before the computer and the ceremony without the actual condition which spoils a crime sees most is what the thing the ethical ceremony of each person must be strengthened and, the preventive action for the occurrence prevention of crime, and citizen each one in order not to see a damage oneself, must consider a help plan from the government other government offices. Until now our society confronts against the criminal act which uses a cyber space comparison broad-mindedly and all thing is fact. The advanced technology it was enough on top of that and hero hour it saw it came the fact that it is until the tendency which it does. But crime from cyber space, in instruction of about moment damage of large scale the mouth there will be a water service and with the important crime where also the cyber crime injures a social order with crime and sameness of existing because the case which it comes to do to recently mainly in crime objective is many recently it will recognize to be taken up, it became, it sees.

Think of, when discussing a cyber crime, the dilemma which it hits finally the human being with problem authorization or the computer the same machine problem to authorize. Of course computer where it gets peeled off but in the tool which is applied in objective of the human being the only thing is. Consequently the basic countermeasure against a cyber crime from the place where the ethical tube of the people who use the computer must start. Us prosperity of the community which all lives together the hazard individual oneself ethical ceremony, it will recover and will remain and when having the mind which it considers the cyber crime will decrease.