딥페이크 합성물에 대한 국내외 입법동향과 형사법적 수용문제 - 딥페이크 포르노(Deepfake Pornography)를 중심으로 -

Even though the provision of punishment is newly established in terms of the “possession” of Deepfake porno, it is virtually impossible to arrest and punish those who possess Deepfake porno in advance. However, it is time to take countermeasures to legitimately punish a new crime that have not been committed before, such as ‘nth rooms’, which is very harmful. Next, for virtual child pornography with Deepfake, the vertifiability of reproduced composites with realism will have to be considered. Advances in technology make it difficult to distinguish between reality and something similar to reality, There is no confirmation that such imaginary images or composites reduce or stop sexual abuse against children. The legal interests to be protected from these Deepfake virtual child pornography should be perceived as ‘social legal interests’ beyond the scope of a child's personal legal interests, and appropriate legislation and judicial judgments accordingly should be followed. Finally, in measures, for advanced criminal such as AI technology, criminal policies should be sought in a way that the community can recognize the social burden of them and accept. There is no denying that the development of intelligent information technology is definitely an area of increasing competitiveness at the national level. But along with the development of technology, the risk of abuse of technology that it has is also a goal that criminal law must confront. Therefore, it is necessary to have a realistic attitude to establish a predictable level of the response system through public-private partnership and to develop a gradual step-by-step legislation plan within a long-term framework.