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A Study on the Problems of Procedural Law Against Cyber Crimes in Korea

  • Journal of The Korea Society of Computer and Information
  • Abbr : JKSCI
  • 2006, 11(4), pp.231-242
  • Publisher : The Korean Society Of Computer And Information
  • Research Area : Engineering > Computer Science

임병락 1 오태곤 2

1조선대하
2전남도립남도대학

Candidate

ABSTRACT

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.

Citation status

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