가상공간과 형법상 재물의 개념 재구성
Cyberspace and Reconstruction of the Concept about Property in the Criminal Act
김현숙(경찰대학 치안정책연구소)
12권 1호, 151~174쪽
초록
In the Criminal Act, "energy which is subject to human control" is deemed to be "property"(Article 346). Our society is rapidly moving into the information society. Digital content industry as a major industrial development in our society is affecting the criminal provision. And various problems that occur in the cyberspace is needed to solve. The contents of this paper, as follows:1) This paper is about the relationship between cyberspace and concept of the property in the Criminal Act. 2) According to the traditional analysis, the concept of "property" in the Criminal Act is only including of "the energy which is subjected human control". 3) The online-game industry, especially MMORPG, is growing explosively. And there is a need to preserve the property in the cyberspace. 4) So we need to look at the concept of property in the Criminal Act from a new angle. 5) This paper handle the problems whether airwaves of Cable TV, digital documents, wireless internet IP addresses and items obtained from online-game have the characteristics of the property or not. 6) I think, as the times change, it is necessary that the interpretation of the Article 346 also change.
Abstract
In the Criminal Act, "energy which is subject to human control" is deemed to be "property"(Article 346). Our society is rapidly moving into the information society. Digital content industry as a major industrial development in our society is affecting the criminal provision. And various problems that occur in the cyberspace is needed to solve. The contents of this paper, as follows:1) This paper is about the relationship between cyberspace and concept of the property in the Criminal Act. 2) According to the traditional analysis, the concept of "property" in the Criminal Act is only including of "the energy which is subjected human control". 3) The online-game industry, especially MMORPG, is growing explosively. And there is a need to preserve the property in the cyberspace. 4) So we need to look at the concept of property in the Criminal Act from a new angle. 5) This paper handle the problems whether airwaves of Cable TV, digital documents, wireless internet IP addresses and items obtained from online-game have the characteristics of the property or not. 6) I think, as the times change, it is necessary that the interpretation of the Article 346 also change.
- 발행기관:
- 한국비교형사법학회
- 분류:
- 법학