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The Review on the Steering and Way of Hacking in Steering State

  • Public Land Law Review
  • Abbr : KPLLR
  • 2017, 77(), pp.327-359
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

SUNG BONGGEUN 1

1고려대학교

Accredited

ABSTRACT

Now we need to get new paradigm and Ideological reflection on the nation so that we can control and steer of hacking effectively and properly. The old paradigm is so called ‘Regulatory State’ which Government try to compulsively regulate hacking only by itself. But this is possible to infringe of democracy and constitution. In addition to it, this cannot be special, rapid and flexible to control hacking. Therefore we can conclude that we shall change paradigm from Regulatory State to Steering State following global trend in also for hacking control. At first, I’ve mentioned about concept, character of hacking, and related risk considering law of science and technology. At second, I’ve suggested new classification of Hacking so that can properly steer in this Information Society. So we can consider not only Hacking by Hackers but also Hacking by Government. And we can classify inner hacking and outer hacking, traditonal hacking for example ddos and web hacking, system hacking. There are also Online search and Tactical Hacking in way of hacking by government. At third, I’ve researched about many laws especially including german law and court’s decisions. Finally I’ve try to suggest many ways for control and steering of Hacking. Concretely speaking, we need to amend scattered laws for Hacking, especially make legislation better for example hierarchy which is arranged in order of constitution, general law, and individual law. The Interactive structure in legislation and administration is better than one-sided for control and steering of Hacking. We need to construct specialized and responsible Control Tower in executive for steering. We shall raise the level of duty for protecting hacking in Government, Enterprise, and Society also through legal system including remedy.

Citation status

* References for papers published after 2022 are currently being built.

This paper was written with support from the National Research Foundation of Korea.