Reexamination of the Cyber Insult Crime For securing the Internet Ethics

Jae Nam Kim; park

Journal of The Korea Society of Computer and Information

Abbr : JKSCI
2013, 18(6), pp.111-120
Publisher : The Korean Society Of Computer And Information
Research Area : Computer Science

Jae Nam Kim ¹, park ²

¹광주여자대학교
²광주여자대학교

ABSTRACT

Recently, in the cyberspace, the posts that have only insults and abuses without the fact are getting spread rapidly as a trend, it makes the damage to people also, and the social concerns have been raised about its phenomenon. Meanwhile, because of the insulting actions that performed in cyberspace, the results of infringement of personal rights conditions getting difficult to repair. Also, it is difficult to find who the person who acts as a perpetrator is. So, it is hard to report a crime or sued for damages, also, it is really difficult to deal with a criminal contempt. Also, cause of a lot of deficient areas, the Cyber Insult Crime act is need and strengthened penalties or Mitigation about the crime subject to victim's complaint are need. However, give the criminal penalties to criminal is sufficient. So, to construct a new special criminal law, it is not advisable. Thus, governed by the Criminal Code Section 311 is preferably.
KEYWORDS

Cyber Insult Crime, Cyber Space, No Punishment Against Will, Information Network Law, Freedom of Expression
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