온라인광고 어뷰징행위에 대한 형사법적 고찰

Abstract

This study is focused on abusing in online advertisement by search engine, Google, Yahoo, Naver, Daum, etc,. Online advertisement abusing is the behavior which violates online search advertisement market and the stablity or trust in information networks. The types of online advertisement abusing are various. These include many illegal behaviors from invalid clicks, manipulate, changing rankings in internet portal site to disseminating adwares. These behaviors are considered as cases which could be treated to apply unfair competition prevention act or trademark law or interfere business yet. But it is not satisfactory to deal with online search advertisement abusing by theses solutions. And people don't think seriously about the harms and dangers occurred by abusings. I think it is time to change the way we understand these behaviors can violate the social belief in safety and accuracy of information or date processing by online networks and markets rather than the results of each company's loss themselves. Online advertisement abusing have the risk to violate the safety and trust in information networks and abusing programs may have the characteristic of spywares. Therefore, I suggest the concept of Malware should be amended and the clause which can apply to an attempted crime could be established.