딥페이크 합성물에 대한 국내외 입법동향과 형사법적 수용문제 - 딥페이크 포르노(Deepfake Pornography)를 중심으로 -
A Study on The Legislative Trend and the Issue for Accepting of the Criminal Law in Deepfake Pornography
- 발행
- 2021
- 소속·발행
- 광운대학교
- 출처
- 국내 KCI
- DOI
- 10.35930/KJPR.33.2.9
- 원문등록
- 2021-01-07
- 원문
- 원문 보기 ↗
개념
키워드
딥페이크 포르노, 가상 아동포르노, 합성 성영상물, 아동･청소년의 성보호에 관한 법률, 성폭력범죄의 처벌 등에 관한 특례법, Deepfake Pornography, Virtual Child Pornography, human image synthesis based on artificial intelligence, Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Act on the Protection of Children and Youth against Sex Offenses
초록
Even though the provision of punishment is newly established in terms of the “possession” of Deepfake porno, it is virtually impossible to arrest and punish those who possess Deepfake porno in advance. However, it is time to take countermeasures to legitimately punish a new crime that have not been committed before, such as ‘nth rooms’, which is very harmful.
 Next, for virtual child pornography with Deepfake, the vertifiability of reproduced composites with realism will have to be considered. Advances in technology make it difficult to distinguish between reality and something similar to reality, There is no confirmation that such imaginary images or composites reduce or stop sexual abuse against children.
 The legal interests to be protected from these Deepfake virtual child pornography should be perceived as ‘social legal interests’ beyond the scope of a child's personal legal interests, and appropriate legislation and judicial judgments accordingly should be followed.
 Finally, in measures, for advanced criminal such as AI technology, criminal policies should be sought in a way that the community can recognize the social burden of them and accept. There is no den