사이버 공격에 대한 공법적 대응의 기초

The recently increasing phenomena of cyber attack cover from mere individual criminal offences that is target of criminal investigation, to acts of terrorism that bring a intelligence agency for threat to national security. Furthermore this attack could become a cyber war ruled by international law when the damage of it surpass physical damage like use of armed force. Most of cyber attacks can not be inquired into to such an extent that the causer of attack is fully identified and prosecuted. This attempt to reveal the actor in hiding behind might end in failure, because of technical problems like architecture of internet, disguising methode, internationality, time gap, gap between machine and man, etc. Although the actor can be identified, the question about attribution of responsibility of state and evidential problem will remain still. The concept of cyber attack should be treated as collective one consist in various legal systems and applicabilities. It is a very important mission for state and public law to respond to the risk of uncertainty caused by cyber attack,As a measure of public law’s response, several institutions can be chosen like administrative investigation, sharing of information, precautionary instruments in technic and legal areas. This study covers also Draft of National Cyber Security Act from this point of view. The Draft has several problems of ambiguity of legal concepts, broad applicability and excessive concentration of power etc. As a response to situations from lack of knowledge about Cyber phenomena, just a statute can not become a total solution like traditional area. The legislative foundation to protect from the risk of cyber attack should be sought and reviewed step by step for that reason.