DDoS공격에 대한 형법이론적 검토 및 입법론 - 봇넷구축행위와 데이터전송 후 장애미발생을 중심으로 -

In this paper, I undertake the study of Distributed DoS Attacks(DDoS) by reviewing theories and law. DDoS attacks accomplishes what its implies: The attack blocks authorized users from using computers or services that being attacked. DDoS attacks can also be accomplished by overwhelming system resources. DDoS attacks are sent by two or more people, or bots, and denial-of-service attacks are sent by a person or a system. DDoS attacks can be accomplished in two steps. The first step of attack is to disrupt software and thereby prevent a computer or networking equipment from being fully used for particular tasks. It is possible that the person attacking the Internet site was using zombie computers which automatically attempt to get access to my computer. It is the attacker that caused harm to the target information network issues a command to a zombie PC. The act of building a Botnet, or the procedures of DDoS is becoming more organized, intelligent and dangerous. It is a problem that there is no provision for punishment for the attempt and the conspiracy. Therefore it is nesessary to punish the preparation of DDoS with attempted. The act of making malicious code should be also punished.