정보장물행위의 형사처벌 필요성과 한계

Currently the personal information has the value just as the material property. Meanwhile a stolen information dealing can be abused more than the dealing of stolen property ex post potentially. Therefore there is a need to regulate the stolen information dealing. Because the current data protection legislation has no provisions that can punish the stolen information dealing by who neither the information manager nor the service provider. However, in oder to prevent the unlimited expansion of the culpability, not all types of the information but only the information on that the informational subject has the legally protected good to not allow that someone reuse the information without the obvious permission of himself and that can be get in not opened source should be targeted. As the regulating the stolen information dealing it will be ideal to insert a new separate chapter for the information protection in the criminal act and to unify the penalty regulations in variety of the special penal codes in the criminal act. However on the other side we should not overlook the special characteristics of the information protection legislation. So as eclectic ― or as an intermediate step ― it will be the most realistic way that can be called the most realistic ways to trim the Personal Information Protection Act and Act On Promotion of Information and Communications Network Utilization and Information Protection, Ect.