채팅어플리케이션을 통한 성매매방지를 위한 법률적 규제방안

• 영문명: A Study on Legal Regulation to Prevent Prostitution by Chat Application
• 발행기관: 한국형사정책학회
• 저자명: 이성대(Lee, Sungdae)
• 간행물 정보: 『형사정책』刑事政策 第31卷 第1號, 283~312쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2019.04.30

영문 초록

These days, access to cyber space has been greatly improved to have relation with practical use of cyber crime. Mobile device and its application play an important role. Widely use chatting application and random chatting application are used to commit prostitution crime. This study investigated legal control of prevention of prostitution: The application was found to be a kind of applied software to be simple and to have less limitation. The feature had characteristics of mobile crime, and the study examined abuse of chatting application and regulation of applications. And, the study investigated legal regulation of chatting application under current legal regulation. No regulation regulated smart phone application itself, and applications with pornographic information and crime were based on special laws. Current regulation on smart phone application had problems: 1) Difficult to regulate because of spacial limitation, 2) Technical limitation, 3) Legal problems. The study investigated ISP s obligation on supply of prostitution information overcoming current limitation, application production and expansion of admission of accomplice of prostitution for positive and strict punishment, assignment of juvenile harmful media, blocking of juvenile harmful media of smart devices and compensation of juvenile prostitution reporting. However, regulation on application, obligation of online service provider, punishment of application production and developer had legal problem and escape of regulation, and kid control application and compensation for juvenile prostitution reporting were no more than supplementary means. Prostitution prevention could not be done because of laws and systems to be done secretly online and to control and evidence. Cyber secret investigation could solve the problems.

목차

Ⅰ. 들어가며

Ⅱ. 스마트폰 어플리케이션의 악용가능성과 규제필요성

Ⅲ. 채팅어플리케이션에 대한 법률적 규제가능성

Ⅳ. 스마트폰 어플리케이션에 대한 규제체계의 개선방안

Ⅴ. 나오며

키워드

chat application random chat application prostitution media harmful to juveniles illegal information entrapment undercover investigation