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The legal study of definition of malicious software

  • DONG-A LAW REVIEW
  • 2011, (53), pp.687-715
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

chung yeun dek 1

1건국대학교

Accredited

ABSTRACT

Malware (malicious software) consists of programming designed to disrupt or deny operation, gather information that leads to loss of privacy or exploitation, gain unauthorized access to system resources, and other abusive behavior. There are many types of malicious software attacks in Korea. Definition of malware in Information and Communications Network Utilization and Information Protection Act is not clear. Typically malware contain a computer virus, worm virus, or Troy virus. but the meaning of malware in this act is not clear to understand. Korean Supreme Court presented several cases in these matter. Unfortunately these cases do not deal with interpretation of meaning of mal ware. Thus, this study suggest standard to define malicious program. This factor include software characteristics, depending on the situation, the user's consciousness or consent, considering the extent of the damage.

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