채팅어플리케이션을 통한 성매매방지를 위한 법률적 규제방안

이성대
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Abstract

These days, access to cyber space has been greatly improved to have relation with practical use of cyber crime. Mobile device and its application play an important role. Widely use chatting application and random chatting application are used to commit prostitution crime. This study investigated legal control of prevention of prostitution: The application was found to be a kind of applied software to be simple and to have less limitation. The feature had characteristics of mobile crime, and the study examined abuse of chatting application and regulation of applications. And, the study investigated legal regulation of chatting application under current legal regulation. No regulation regulated smart phone application itself, and applications with pornographic information and crime were based on special laws. Current regulation on smart phone application had problems: 1) Difficult to regulate because of spacial limitation, 2) Technical limitation, 3) Legal problems. The study investigated ISP''s obligation on supply of prostitution information overcoming current limitation, application production and expansion of admission of accomplice of prostitution for positive and strict punishment, assignment of juvenile harmful media, blocking of juvenile harmful media of smart devices and compensation of juvenile prostitution reporting. However, regulation on application, obligation of online service provider, punishment of application production and developer had legal problem and escape of regulation, and ''kid control application'' and compensation for juvenile prostitution reporting were no more than supplementary means. Prostitution prevention could not be done because of laws and systems to be done secretly online and to control and evidence. Cyber secret investigation could solve the problems.
通过聊天软件防止性交易的法律规范方案
如今,网络空间的使用已经大大改善,与网络犯罪的实际使用有关。移动设备及其应用发挥着重要作用。广泛使用的聊天应用程序和随机聊天应用程序被用于卖淫犯罪。本研究对预防卖淫的法律控制进行了研究,发现该应用程序是一种简单,限制较少的应用软件。该功能具有移动犯罪的特征,研究考察了聊天应用的滥用和应用的监管。在现行法律规制下,对聊天应用的法律规制进行了考察。智能手机应用本身没有监管条例,含有色情信息和犯罪的应用有专门的法律依据。目前对智能手机应用的监管存在以下问题:1)空间限制难以监管;2)技术限制;3)法律问题。本文主要研究了网络服务提供商克服现有限制提供卖淫信息的义务、卖淫从犯准入的适用、生产和扩大、未成年人有害媒体的设置、智能设备对未成年人有害媒体的屏蔽、未成年人卖淫举报的补偿等问题。然而,对应用的规制、网络服务提供者的义务、应用制作和开发者的处罚存在法律问题和监管逃逸,“控童应用”和未成年人卖淫举报赔偿只是辅助手段。由于法律和制度的原因,卖淫预防无法在网上秘密进行,无法控制和取证。网络秘密调查可以解决这些问题。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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