• Korean Security Journal
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• no.54
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• pp.9-35
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• 2018

During the recent years, cyber attacks have been increasing both in the private sector and the government. Those include the DDOS cases in 2009, the Blue House cyber attack, bank hackings etc. Cyber threats are becoming increasingly serious. However, there is no basic law related to cyber security at present, and regulations related to cyber security are scattered in various domestic laws. This can lead to confusion in the application of the law and difficult to grasp the regulations related to cyber security. In order to overcome this situation, the bill on the prevention and countermeasures against cyber crisis was initiated in 2006, but it has been abrogated. Since then, it has been repeatedly proposed, but it has been abrogated repeatedly due to the overlapping of existing laws and concerns about infringement of personal information. The most recent initiative was the National Cyber Security Act, which was initiated by the government in January 2017. The act focuses on resolving the absence of a basic law related to cyber security, strengthening its responsiveness in the event of a cyber security crisis, and fostering security strength. Therefore, this study seeks to contribute to the establishment of National Cyber Security legislation as a basic law of cyber security by examining the necessity of National Cyber Security legislation through comparative legal analysis with existing domestic laws related to cyber security and suggesting policy implications.

• Convergence Security Journal
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• v.19 no.1
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• pp.61-66
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• 2019

Cyber space is a place where free activities are guaranteed. However, it is also true that not all individuals and countries strive for peaceful cyberspace, and that there is a growing tendency to gain unfair advantage through this space. Therefore, the state should reform laws and institutions to keep cyberspace safe. By establishing the "Basic Law on Cyberspace" which includes the law of the state law on cyberspace, it is necessary to be able to recognize and respond to the direction of the national legal discipline on cyberspace. The development of digital forensics is an urgent task due to the rapid development of IT. However, if the law is delayed for various reasons, some of the existing laws should be amended to improve the stability of the law in accordance with the circumstances. To this end, it is necessary to revise the "Information and Communication Infrastructure Protection Act", "Information and Communication Network Enhancement and Information Protection Act", "Integrated Defense Law", "Establishment of Defense Information Infrastructure Infrastructure and Defense Information Resource Management Act".

• Journal of the Korea Society of Computer and Information
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• v.13 no.3
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• pp.237-242
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• 2008

This study aims to provide theoretical base in criminal law for engineers in the viewpoint of jurists to encourage interdisciplinary studies on cyber crimes. Apart from seriousness of discussion on torrent cyber crimes, a good effect of the internet networks such as sharing of information has bee emphasized while the evil influence of its side effect has been neglected. Therefore, this study suggests that we need to consider reinforcement of cyber ethics, and legal mind of IT technicians, strict security by managers, active efforts to develop legitimate contents by managers of web hardware and P2P, and reinforcement of punishments against crimes by internet users. And this study approaches new norms on computer and cyber crimes in interpretational sense of criminal law, and provides the theoretical base of the criminal law focusing on traditional theories, assumptions, and precedents involved in regulations against computer virus distribution.

• Journal of the Korea Society of Computer and Information
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• v.11 no.4 s.42
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• pp.231-241
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• 2006

When current cyber attacks to information and communication facilities are examined, technologies such as chase evasion technology and defense deviation technology have been rapidly advanced and many weak systems worldwide are often used as passages. And when newly-developed cyber attack instruments are examined, technologies for prefect crimes such as weakness attack, chase evasion and evidence destruction have been developed and distributed in packages. Therefore, there is a limit to simple prevention technology and according to cases, special procedures such as real-time chase are required to overcome cyber crimes. Further, cyber crimes beyond national boundaries require to be treated in international cooperation and relevant procedural arrangements through which the world can fight against them together. However, in current laws, there are only regulations such as substantial laws including simple regulations on Punishment against violation. In procedure, they are treated based on the same procedure as that of general criminal cases which are offline crimes. In respect to international cooperation system, international criminal private law cooperation is applied based on general criminals, which brings many problems. Therefore, this study speculates the procedural law on cyber crimes and presents actual problems of our country and its countermeasures.

• Journal of the Korea Society of Computer and Information
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• v.21 no.2
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• pp.137-144
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• 2016

The followings are required to establish uniform principle of criminal jurisdiction for international cyber crime into customary international law; (1) clear guideline of UN for promoting national practice (2) formation of general practices based on these guidelines (3) these general practices should obtain legal confidence. International society is in close cooperation for investigating and controlling cyber threat. The US FBI has closed down the largest online crime space called 'Darkcode' and prosecuted related hackers based on joint investigation with 19 countries including England, Australia, Canada, Bosnia, Croatia, Israel, and Rumania. More and more people in Korea are raising their voices for joining cyber crime treaty, 'Budapest Treaty.' Budapest Treaty is the first international treaty prosecuting cyber crime by setting out detailed regulations on internet criminal act. Member countries have installed hotline for cyber crime and they act together. Except European countries, America, Canada, and Japan have joined the treaty. In case of Korea, from few years before, it is reviewing joining with Ministry of Foreign affairs, Ministry of Justice and the National Police but haven't made any conclusion. Different from offline crime, cyber crime is planned in advance and happens regardless of border. Therefore, international cooperation based on position of punishing criminals and international standards. Joining of Budapest international cyber crime treaty shall be done as soon as possible for enhancing national competence.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2011.05a
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• pp.425-428
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• 2011

인터넷 인프라와 기술의 발달로 세계가 인터넷으로 연결되면서, 전쟁과 테러공격의 한 방법으로 사이버테러가 발생하고 있다. 2009년 7월 7일 한국의 주요 홈페이지를 공격한 DDoS공격으로 인하여 사이버테러대응활동의 중요성이 더해졌다. 본 논문에서는 사이버테러대응활동에 대한 근거법률과 대응기관에 관한 연구이다. 상위법인 국가보안법과 법률 제8874호 국가안전보장회의법 등을 연구한다. 또한 사이버테러대응활동의 중요기관인 국가정보원법과, 대통령령훈령 제47호의 국가대테러활동지침, 대통령훈령 제267호인 국가사이버안전관리규정을 연구한다. 본 논문의 연구를 통하여 최근의 급격히 증가하는 사이버테러로부터 국가를 안전하게 지키고, 국민의 평안한 생활을 보장하는 기초 연구 자료로 활용될 것이다.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.27
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• pp.129-161
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• 2005

Todays, computers in business world are potent facilitators that most companies could not without them, while they are only tools. They offer extremely efficient means of communication, particularly when connected to Internet. What I stress in this article is the risks accompanied by e-commerce rather than the advantages of Internet or e-commerce. The management of e-commerce companies, therefore, should keep in mind that the benefit of e-commerce through the Internet are accompanied by enhanced and new risks, cyber risks or e-commerce risks. For example, companies are exposed to computer system breakdown and business interruption risks owing to traditional and physical risks such as theft and fire etc, computer programming errors and defect softwares and outsider's attack such as hacking and virus. E-commerce companies are also exposed to tort liabilities owing to defamation, the infringement of intellectual property such as copyright, trademark and patent right, negligent misrepresent and breach of confidential information or privacy infringement. In this article, I would like to suggest e-commerce insurance or cyber liability insurance as a means of risk management rather than some technical devices, because there is not technically perfect defence against cyber risks. But e-commerce insurance has some gaps between risks confronted by companies and coverage needed by them, because it is at most 6 or 7 years since it has been introduced to market. Nevertheless, in my opinion, e-commerce insurance has offered the most perfect defence against cyber risks to e-commerce companies up to now.

• The Journal of Society for e-Business Studies
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• v.16 no.4
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• pp.53-73
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• 2011

Many governments have tried to develop a liability and compliance law that can improve cyber security in a sustainable way. This paper explores whether a liability and compliance law is effective in motivating firms' information security activities. In particular, I empirically investigate the impact of the 2007 Electronic Financial Transaction Act (EFTA), a liability and compliance law in Korea, on the information security activities of financial institutions and services providers. In spite of various criticisms of the effectiveness of EFTA, the empirical findings of this study clearly show that EFTA is having a positive impact on information security activities. From these findings, this article concludes that a liability and compliance law is likely to contribute to a certain degree to the achievement of sustainable development of cyber security.

• Journal of the Korea Society of Computer and Information
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• v.19 no.3
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• pp.163-170
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• 2014

Cyberspace is closely related with one another, transcending the spacetime throughout the world, and is already located in the most important area of our lives. However, if the organizational cyber terror happens like the national paralysis crisis of major information network such as the previous 1.25 the Internet crisis, the possibility of cyber crisis highly damaging our whole society such as the leakage of the national secrecy and advanced technology is increasing. But we haven't set up the institutional procedure systematically performing the national cyber security management affairs yet. So, in case of cyber crisis, this is highly likely to damage the aspects of national and personal level. On this point, this study looks into the examples of legislation related to our cyber security, and suggests the implication on the revision direction of national cyber security management regulations through relative examination about the examples of legislation in major countries.

• Journal of the Korea Society of Computer and Information
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• v.23 no.3
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• pp.93-100
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• 2018

Cyber defamation is the act of damaging the reputation of the other person on the Internet, and the act of attacking by the commenting the article through a word or blog. The reason why punishment is stronger than general contempt is that the nature of crime about defamation is worse than contempt. Also, punishment intensity is higher than defamation because the nature of cyber information spreads widely. Honor is not only a question of self-esteem or identity, but also a function that economically reduces the cost of seeking information or socially trustworthy. Through these two functions, it has been developed as a legal system to protect the honor as well as asking the legal sanction for defamation. However, although honor is used in various meanings in everyday life, the honor of legal level is understood in a more limited sense. It is because the law cannot actively lead and protect all honor feelings for one's feelings or mood occurred by hurt. However, if the social evaluation of a group or individual is undermined through a certain distortion of the truth, the law will actively intervene. However, due to the ambiguity of the legal sanctions standards and the identification of the parties involved in the defamation of cyberspace, it was difficult to solve the problems related to defamation in fact. Therefore, this paper will try to find out the problems of civil legal remedy due to the cyber defamation, and seek a solution for civil legal remedy.