컴퓨터 법에 있어서의 책임에 관한 연구 = A Study on Liability Issues in Computer Law

다국어 초록 (Multilingual Abstract)

This paper, coauthored by Chin-Se Chung, as well as other 5 faculty members at Hong-Ik University Department of Law (Jea-Hwang Jeong, Suk-Ho Bang, Tae-Hoon Ha, Seong-Deog Yi and Bong-Chul Choi), deals with liability issuses surrounding constitutional law, administrative law, civil law (contracts, torts), commercial law, criminal law, international law and philosophy & law.
Professor of Law Jea-Hwang Jeong makes a comparative analysis of privacy protection and disclosure of information legal issues, appeared at current Korean law and draft of law in case of the latter one.
He suggestes some desirable ways of legislation through revision process and operation of legal rules at his paper.
Professor of Law Suk-Ho Bang makes a brief survey of civil liability issues arising out of contracts and torts in English and American law, first. He tries to show that many Parts of arguments in such legal world are attributed to Statute of Frauds tradition, unique to such legal world.
New developments in the area of torts, including computer malpractice and computer virus, are shown and analysed in terms of application possibility under our current law.
But, as even the Anglo-American courts are found very reluctant to accept those arguments as new grounds for torts liability, it seems more plausible and practicable to refer to contractual approach, basically, rather than to torts approach even under English American law.
Professor of Law Chin-Se Chung suggests in his paper on EFT that the allocation of liability under EFT be made under the new and most relevant principle, working for useful transmission way of fund, not solely under traditional legal principles.
If such new principle works with high return of risk to users, it makes imminent problems against the goats of consumer protection, and eventually will be hardly refered to.
Conversely, if it requires too much sacrifice from the side of banks, then the convenience in such system will not be utilized. So, it may be natural that EFT be discarded even without proper functioning under market system.
In conclusion, Professor Chung points out that, only when banks fond that the economy out of cost-saving at tasks outweighs the risk undertaken by the banks, the banks will operate the system. But, if this system makes more return of benefits to the banks with the burden of users, it is against the idea of equity. Consequently, the banks should bear the aggeviated risks in return for the cost saved under this system
Professor of Law Tae-Hoon Ha focuses his research paper on criminal liability under EFT.
He draws his conclusion out of current criminal statutes that illegal fund transfer under automatic teller machines, cash cards and information system can not be penalized due to lack of proper statutory provision.
So, the criminal provision on computer crime, newly made on December of 1995, can be positively appreciated. But, he anticipates that the question whether such new provision will be successful in regulating all illegal activites at fund transfor system without any operation defects in criminal code, or will cause new problem in interpretation of criminal code remains unsolved.
Professor of Law Seong-Deog Yi examines the international legal issues which may be given rise to by direct satellite broadcasting.
In his paper, the issue of national jurisdiction in relation to direct satellite broadcasting is firstly dealt with. Secondly, the possible ways in which direct satellite broadcasting is regulated by international law are examined with special emphasis of two different approaches, that is, freedom of information approach and state sovereignty approach. In this context, many international conventions concerning direct satellite broadcasting in Particular, and international regulatory regime of outer space in general are broadly reviewed. Thirdly, the types of activities which may be a violation of international legal regime of direct satellite broadcasting are suggested and the possible lethal remedies for these violations are proposed with the traditional international state responsibility law in mind.
Professor of Law Bong-Chul Choi explores the relations of computerized society to its laws throughout his paper as a kind of conclusion of this whole paper.
Computerized society is one that the technical, scientific, informational knowledge prevails. With correspondence to the structural change in knowledge, the law of such a society has suffered transformation, and the knowledge and techniques distributing and computing legal responsibility has also changed.
However, he does not insist that the diffusion of technical knowledge is the sole factor of the transformation of legal responsibility. It is only one of the various factors.
Moreover, he does not deny the continuation between the classical techniques distributing legal responsibility and the contemporary ones. In this era, the law realizes fairness and community values at the expense of singularities. In addition, he proposes that legal scholars take the diagnosis of law from the perspective of the technology/knowledge shifts seriously.

목차 (Table of Contents)

• Ⅰ.연구의 목적
• Ⅱ.컴퓨터 活用과 公法的 問題
• Ⅲ.컴퓨터법에서의 민사책임 소고
• Ⅳ.E.F.T.
• - 컴퓨터법에 있어서의 법적책임에 관한 연구 -
• Ⅴ.컴퓨터범죄에 대한 형법적 대응
• - 특히 電子的 資金去來시스템의 不正使用의 刑法的 責任에 관하여 -
• Ⅵ.직접위성방송의 국제법적 문제점
• - 국가책임을 중심으로 -
• Ⅶ.컴퓨터사회와 법적 책임론의 변모