사이버폭력 실태 및 피해자 보호 강화 방안 - 사이버 불링(Cyber-bullying)을 중심으로

Abstract

With the advancement of modern science and technology, such as artificial intelligence, cyberbullying is becoming more diverse and brutal. Among the types of cyberbullying, continuous or repeated cyberbullying seriously violates the victim's personal rights. However, the current law cannot properly regulate new types of cyberbullying, such as acts that alienate and exclude victims, online impersonation using deepfake technology, and image bullying. Thus it fails to fully protect victims. As the damage caused by cyberbullying is becoming more serious, with an increasing number of youths experiencing suicidal or self-harming impulses, it is necessary to introduce independent criminal punishment provisions for serious cyberbullying targeting children and youth by referring to legislation in North Carolina, USA and New Zealand, prior to criminal regulation of adults. As regulations and responsibilities for information and communication service providers are being strengthened worldwide, it is necessary to take note of these legislative trends and ensure that information and communication service providers actively respond to victims’ requests to delete harmful information related to cyberbullying in addition to illegal information subject to criminal punishment. Also, it is urgent to introduce a system that requires information and communication service providers to promptly provide anonymous information on the perpetrators in order to prevent the victim's damage from expanding as quickly as possible and to prevent secondary damage. With reference to Australian legislation, a procedure should be established where the Korea Communications Commission directly requests information and communication service providers to provide personal information and contact information even if the victim does not file a civil or criminal suit. In addition, in order to quickly secure evidence when cyber school violence occurs among youth, school principals and teachers in charge should be given the authority to inspect and confiscate cell phones. In this way, in cases where it is difficult to secure evidence, such as when the victim commits suicide, the true nature of school violence should be properly revealed and the youth should be subject to appropriate punishment.