사이버범죄에 대한 법인의 형사책임

Cybercrime can be defined as “constituting a crime by directly or indirectly using computer internet and information and communication tools when virtual space appears as an important part of everyday life". Cybercrime needs to respond to cybercrime by international cooperation because of its specificity. I have examined the legal system and academic debate in Korea in connection with the criminal responsibility of the corporation in the Convention on Cybercrime of the European Council, which is the product of such international cooperation. Of course, Korea has not yet joined the Convention on Cybercrime, but it is premised on the fact that it is preparing to join. In Korea, the principle of the criminal responsibility of corporation is basically not accepted. In exceptional cases, if there is a need for punishment, the punishment is punishable through the form of the “the provision of punishment against employer and employee”. Therefore, in order to pursue the criminal responsibility of corporation in cybercrime in Korea, there must be a “the provision of punishment against employer and employee” in individual law. However, some of the types of cybercrime mentioned in this paper are punished according to “the provision of punishment against employer and employee”, but there are cases where they are not. Therefore, in Korea there are many discussions to fill the legislative gap to accuse criminal responsibility of corporations. In this paper, we argue that the legislator, at the core of these discussions, presents some issues that must be decided to pursue the criminal responsibility of corporation.