사이버 공간 범죄와 온라인서비스제공자(OSP)의 형사책임

• 영문명: A study on offenses committed in cyber space and responsibilities of O.S.P.
• 발행기관: 한국형사판례연구회
• 저자명: 김영기(Kim, Young-Ki)
• 간행물 정보: 『형사판례연구』형사판례연구 제20권, 322~349쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.06.30

영문 초록

O.S.P. shall be criminally liable for offenses committed in cyber space on condition that it could be aware of its occurrences nevertheless nothing is taken expected elimination measures technically by itself. In principle, a professional person who manages its cyber space may suffer punishment and then a company that hires him suffer punishment as prescribed by penalty against employer and employee. O.S.P. could receive a criminal penalty for a crime omission as in the following conditions, first, it has found offenses committed in its cyber space or has not found it because of gross negligence, carelessness by O.S.P., second, O.S.P. have a technical skill and system for expected prevention or elimination a crime happened in cyber space but it didn’t do anything. A willful negligence by O.S.P. may be sufficient for criminal responsibility. The judgement as aforementioned cast a long shadow to us because it has set up the condition of O.S.P.’s criminal penalty in other words,possibilities of awareness, technical prevention, expectation for elimination illegal situation in cyber space etc. It is significant that O.S.P. could supervise and control its cyber space as a dangerous factor connected to offenses. However it feels lack of logical reasoning such like that. Now, we should fully discuss the matter that the building measures of prevention adverse effect by cyber space. The responsibility of O.S.P. should be imposed stringently than ever because offenses in cyber space could be occurred under unsuspected, usual time as a result damage may be very serious, mortal to a personal victim.

목차

Ⅰ. 서설

Ⅱ. 대상판례(2006. 4. 28. 선고 2003도4128 판결)

Ⅲ. 사이버 공간 범죄와 OSP의 형사책임

Ⅳ. 마무리하며

키워드

온라인서비스제공자 사이버 공간 사이버 간접범죄 부작위 방조범 기술적 차단가능성 정보통신망의 지배 및 관리 online service provider offenses committed in cyber space a crime omission possibilities of awareness technical prevention expectation for elimination illegal situation