정보통신기술의 발전에 따른 형법적 대응과정에 관한 개괄적 고찰

초록

This study examined the response process of criminal precedents and legislation according to the development of information and communication technology. As information and communication technology develops and is used in everyday life, new legislation has been made to cope with the new crime phenomenon that appears as a side effect, or sometimes there have been processes to expand and supplement the scope of existing application through the interpretation of precedents to fill the time gap until legislation. These include responding to precedents and legislation to electric theft, precedents and legislation to copy copies, amendments to the criminal law in response to computer-related crimes, and the enactment of the Information and Communication Network Act to cope with cybercrime. However, in the process, it took some time to cope with new crimes by interpreting or legislating precedents, and it is difficult to say that it is sufficient for crimes related to new information and communication technology such as blockchain, metaverse, and AI. In light of the current precedents and legislative trends, this study presented a direction for the most essential and prompt resolution of criminal law issues that need to be reviewed and discussed in the future development of information and communication technology. For example, overcoming the traditional distinction between “goods” and “property interests” in the criminal law, unifying them into the concept of electronic documents, establishing a criminal legal system to suit the new virtual convergence environment, and solving the problem of recognizing the criminal ability of “virtual characters.” Some of these issues have been debated for a long time but have not been resolved, and others are still in the beginning of discussions, but it is hoped that clear resolution standards will be presented through prompt and sufficient review in the process of revising criminal laws in the future period of the fourth industrial convergence.

키워드