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The legal characteristics of police-responsibility in Cyberspace

  • Public Land Law Review
  • Abbr : KPLLR
  • 2009, 46(), pp.237-256
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Kim, Do-seung 1

1성균관대학교

Accredited

ABSTRACT

The factors of risk society are dismantling communities, increasing anonymity, collapse of national boundaries due to the development of public transportation and communication, and sudden increase of natural disasters. The modern society which can be characterized as information society needs to pay attention to appearance of a new space, the cyberspace, which transcends traditional physical one according to the development of information communication technology and its dysfunctions. Thus, the cyberspace represented by the internet, has various forms of risk-generating possibilities such as spread of harmful materials for minors, spread of libelous false rumors, and paralysis of business and outflow of personal information through hacking or computer viruses, with peculiarity of anonymity of doers, non-existence of central administrative organization, promptness of circulation of information and a wide range of ripple effects. These possibilities not only mean the domain of risk-generation in police law, but also give rise to the limit of regulation and theory of the existing police law on the assumption of physical space. In this situation, the theoretical establishment of administrative law about the regulating system responsive to various reverse function of information society will accomplish the peaceful existence of community from diverse risk of information society. Also, it will withdraw the problem of unnecessarily bloated criminal law, particularly excessive criminalization, and it's meaningful in winning the discussion of regulating cyberspace as the main part of administrative law. Especially, renewing the issue of the subject of invocation in cyberspace police through police-responsibility(‘Polizeiverantwortlichkeit’), the paper looks at the particularity of police-responsibility and raises the problem of indirect regulation in current illegal circulation of information. In order to scrutinize them, the risk factors threatening public peace and orders in cyberspace are classified into cyber aggression and illegal circulation of information, discussing ground, limit and distinctiveness of police operation according to each type to demonstrate that the invocation of police power must be carried out considering the characteristics of both types and in different purpose and manners.

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