사이버 공격에 대한 예방적 자위권의 허용 가능성

다국어 초록 (Multilingual Abstract)

Nowadays, the term ‘cyber attack’ is used frequently in mass media, and it has been familiar to the general people, which means that the danger of cyber attack has increased. Accordingly, discussion about these kind of cyber attacks, in other words, about universal criterion at international community to cyberspace continues. There are
clear differences of the debate about this issue between Western nations and Non-Western nations. Whereas United States and Western nations argue that existing international law can apply to the cyberspace, Non-Western nations including China and Russia argue that new international legal norms like a treaty on cyber attack should be enacted.
When considering the discussions in the UN GGE that have made up to fourth, it seems that countries around the world agree that the existed international law should be applied to activities in cyberspace. This study is built on taking note of this fact.
As above mentioned, due to the increased risk of cyber attack and by the character of cyber activities, it has been argued that anticipatory self-defense on cyber attack is needed. To address the matter of the permissibility of anticipatory self-defense on cyber attack, because traditionally the right of self-defense can be exercised by the UN
Charter Article 51, I studied the recognition of the notion of anticipatory self-defense in this scope and how to apply it to cyber activities.
To this end, first, the concept of definition about cyber attack should be clarified and the malicious cyber operation is classified into a level that reaches an armed attack and a level that does not. So only in a case of the former, I researched applicable anticipatory self-defense on cyber attack.
Through these processes, I conclude that we have to recognize anticipatory self-defense on cyber attack. However, it needs the strict limitations and conditions.
By extension this research is to analyze limitations and problems that can be found of above mentioned process due to characteristics that cyberspace has and present solutions for the problems at the same time.

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