독일 형법 제202a조와 IT 보안 연구 : 동의 없는 시스템 접근 연구자의 법적 보호 논의를 중심으로

As the transition toward an information society accelerates, the stability and security of IT systems are increasingly recognized as essential foundations for safeguarding the rights of data subjects. Accordingly, the importance of IT security research aimed at identifying vulnerabilities and developing effective countermeasures continues to grow. However, in the course of such research, accessing another person’s IT system or protected data without authorization may constitute the offense of “unauthorized access to protected data” under Section 202a of the German Criminal Code (Strafgesetzbuch, StGB). As a result, IT security researchers may face the risk of criminal prosecution, which, in turn, may have a chilling effect on public-interest security research. Against this backdrop, this paper analyzes in detail the normative structure and scope of application of Section 202a StGB and examines under what conditions IT security research involving unauthorized system or data access may nevertheless qualify for legal protection. To this end, the study conducts a comparative legal review of relevant case law, prevailing legal doctrines in Germany, and legal policy discussions at the EU level. Furthermore, it acknowledges the societal necessity of public-interest-oriented security research and proposes institutional and legal reforms aimed at harmonizing the protection of security researchers with the enhancement of information security. From a criminal policy perspective, this study seeks to lay a normative foundation upon which technological advancement and legal regulation can operate in a complementary manner by striking an appropriate balance between the freedom of IT security research and criminal regulation for the protection of information.