고도정보화사회의 국가사이버안보 법제에 관한 검토

Current Society as high Information Society is characterized by the following; every rights and interests protected by laws must depend on the internet and intranet security. In other words, every cyber threats against open or closed networking have not virtual but real effects, and can be commented that they shall infringe on or prove great menace to every rights and interests protected by laws in the traditional real space. Cyber threats with real impacts on rights and legal interests protected by sovereign power can be exercised at anytime, anywhere by any person or any potential adversaries who has / have devices being able to access the internet and skilled knowledge of internet. Futhermore, APT(Advanced persistent threat) like stux net or various malicious programs like zombie program can cause extensive damage not only to the target but also to the trespassed owing to their characteristic such as high-technology, potentiality and possibility of being highly and limitless infected between plugging devices. For these reason above mentioned, cyber threats is committed by the hostilities as a tool not mearely for personal or social crime but for “treason” or “subversion”. Considering the before mentioned and the national obligation(Our Constitution Art. 10) to protect citizens’ life and properties from all cyber threats, laws to wield centralized authority over the cyber threats must be enacted to help the authorities make the right decisions.