사이버범죄 국제조약의 동향 - 부다페스트 협약 제2 추가의정서 및 유엔 사이버범죄 조약을 중심으로 -

The number of cybercrime cases is rising sharply and so is the need for international cooperation in acquiring necessary e-evidence located abroad. In 2001, the Council of Europe drew up the Convention on Cybercrime(also known as the Budapest Convention) to address cybercrime by harmonizing each nation’s domestic law and enhancing international cooperation. The Budapest Convention currently has 67 nations as member states. Korea has been discussing for years on whether it should become a member of the Budapest Convention but failed to come to an agreement on implementing the provisions of the Convention into its domestic law. Korea is still using traditional mutual legal assistance treaties to fight cybercrime but the system has to be revised in order to better secure e-evidence which can be easily erased or moved around. While the discussion on the Budapest Convention is ongoing in Korea, preparation for the Second Additional Protocol to the Budapest Convention is under way. Provisions such as allowing direct request for subscriber information to service providers in other member states have been included in the final draft of the Second Additional Protocol to expedite procedures on acquiring e-evidence. Also, a Russia-led talk for a new international cybercrime convention has commenced at UN. Russia has already submitted an initial draft for the new convention which focuses on state sovereignty and national security rather than efficient international cooperation. This article is intended to introduce the latest developments in the aforementioned international cybercrime treaties. New talks on cybercrime treaties should focus mainly on expediting previous mutual legal assistance procedures, while providing safeguards to ward off abuses such as personal data infringement.