• Korean Security Journal
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• no.54
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• pp.9-35
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• 2018

During the recent years, cyber attacks have been increasing both in the private sector and the government. Those include the DDOS cases in 2009, the Blue House cyber attack, bank hackings etc. Cyber threats are becoming increasingly serious. However, there is no basic law related to cyber security at present, and regulations related to cyber security are scattered in various domestic laws. This can lead to confusion in the application of the law and difficult to grasp the regulations related to cyber security. In order to overcome this situation, the bill on the prevention and countermeasures against cyber crisis was initiated in 2006, but it has been abrogated. Since then, it has been repeatedly proposed, but it has been abrogated repeatedly due to the overlapping of existing laws and concerns about infringement of personal information. The most recent initiative was the National Cyber Security Act, which was initiated by the government in January 2017. The act focuses on resolving the absence of a basic law related to cyber security, strengthening its responsiveness in the event of a cyber security crisis, and fostering security strength. Therefore, this study seeks to contribute to the establishment of National Cyber Security legislation as a basic law of cyber security by examining the necessity of National Cyber Security legislation through comparative legal analysis with existing domestic laws related to cyber security and suggesting policy implications.

• Convergence Security Journal
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• v.19 no.1
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• pp.61-66
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• 2019

Cyber space is a place where free activities are guaranteed. However, it is also true that not all individuals and countries strive for peaceful cyberspace, and that there is a growing tendency to gain unfair advantage through this space. Therefore, the state should reform laws and institutions to keep cyberspace safe. By establishing the "Basic Law on Cyberspace" which includes the law of the state law on cyberspace, it is necessary to be able to recognize and respond to the direction of the national legal discipline on cyberspace. The development of digital forensics is an urgent task due to the rapid development of IT. However, if the law is delayed for various reasons, some of the existing laws should be amended to improve the stability of the law in accordance with the circumstances. To this end, it is necessary to revise the "Information and Communication Infrastructure Protection Act", "Information and Communication Network Enhancement and Information Protection Act", "Integrated Defense Law", "Establishment of Defense Information Infrastructure Infrastructure and Defense Information Resource Management Act".

• Korean Security Journal
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• no.49
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• pp.187-214
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• 2016

In the mordern society, the reliance on the cyber domain and the cyber connectivity has been increasingly strengthened. Due to this phenomenon, the cyberterror against critical infrastructures and state organs might lead to fatal consequences. Lately, North Korea's cyberattacks against South Korea's national organizations and financial computer networks are becoming more and more intelligent and sophisticated. The cyberattacks against such critical infrastructures have caused enormous economic loss and social disorder. This paper is designed to examine comparatively the cyberterror related laws and organizations of the advanced countries such as U.S. and U.K. and to draw implications. Although those countries are under different institutional and cultural backgrounds with varying security envrionments, they are identically pursuing measures by establishing government-wide counterterror system for coordination and cooperation. They are also commonly focusing upon creating new organizations equipped with new system and upon enhancing intelligence performance and devising punishment regulations. Korea is lack of framework laws regulating cyber security, having only scattered individual laws. Since such legal base is far from efficient counterterror activities, it is necessary that the legal and policy response of the advanced countries should be closely studied for selective introduction. That will eventually lead to legislation of cyber security law. With such legislation on hand, it is subsequently required to strengthen crisis management for prevention of cyberterror and to create joint response team, cooperating with private organizations.