사이버공간에서의 법익침해에 관한 형사법적 고찰

Modern society can be defined as a risk society. The risk society has the common problem which can not grope for the appropriate measures by the ground of tradition principles and law concepts. We live in the information society enjoying the benefits from various information technology including internet. The information took root as a more precious resoruce than any other values in our daily life. However, in the inside of the function of informatization, its dysfunction also reached such level where it can not be neglected any more. In this regard, it is the main purpose of this study to discuss the question regarding what the Criminal Law should function and play a role in this new current of change. Especially the risk of cyber space is on the increase. Criminal responses against cyber crime in modern society and the concept of legal interest has become flexible. Moreover the criminal policy which is being tested in the risk society is trying to divide a field of risk criminal law from that of traditional criminal law. Cyber crime is different from traditional crimes, because of the particular situation. it is facing new problems that cannot be solved by the dogma of traditional criminal law. We can not abandon the principle of the benefit and protection of law as the justificaftion principle of modern criminal law, but can not neglect the new objects of criminal protection in the new era. The liberal and the law ruled state viewpoint of criminal law has developed many normal principles to guarantee citizen’s freedom from the state. In other worlds, If the concept of cyber space implies new society which has new structure, the legal countermove should be prepared by the modification or supplementation of the established legal concept. Therefore it includes to clarify the distinctions between the nature of cyber crime and that of real crime at physical space. Also it deal with the regulation or improvement of cyber crime considering the speciality of cyber space. Reasonable and justifiable legal system should be introduced with the development of scientific technology.