메타버스 시대의 새로운 메커니즘에 따른 법제도적 대응방안 Ⅰ

국문요약 ······················································································ 1

제1장 윤해성
서 론 ··························································································· 7
제1절 연구 목적 및 의의 ············································································ 9
1. 연구의 목적 ···························································································9
2. 연구의 의의 ························································································13
제2절 연구방법 및 범위와 내용 ································································ 15

제2장 윤해성 . 장석영
메타버스의 일반적 고찰 ··························································· 19
제1절 메타버스의 개념 ············································································· 21
1. 메타버스의 정의 ··················································································21
2. 유사 개념과의 비교 ············································································23
3. 메타버스의 특성 ··················································································25
제2절 메타버스의 활용과 규제 ································································· 27
1. 메타버스의 활용 ··················································································27
2. 메타버스에서 발생가능한 법적 문제 ···················································32
3. 메타버스 규제 관련 논의 현황 ···························································36
제3절 메타버스 산업 관련 입법 동향 ························································ 37
1. 국내 입법 동향 ···················································································37
2. 해외 입법 동향 ···················································································39
3. 메타버스의 부상과 새로운 범죄 리스크의 증가 ·································58
4. 소결 ·····································································································70

제3장 조준택
메타버스 범죄유형 분류 및 전문가 의견조사 ··························· 71
제1절 메타버스 범죄유형 분류: 신문기사와 논문을 중심으로 ··················· 73
1. 메타버스 범죄유형 분류를 위한 조사 개요 ········································73
2. 메타버스 범죄실태조사에 따른 유형분류 결과 ···································75
제2절 메타버스 범죄유형과 대응에 대한 전문가 설문조사 ························ 85
1. 전문가 설문조사 개요 ·········································································85
2. 전문가 설문조사 결과 ·········································································87

제4장 최진호 . 이유경 . 박성민 . 김두원 . 황태정
메타버스 시대의 범죄유형과 대응방안 ··································· 115
제1절 메타버스 관련 법적 침해에 따른 형사법 및
형사정책 분야 대응방안 ······························································· 117
1. 개관 ··································································································117
2. 메타버스 시대 도래에 따른 새로운 범죄형태 ··································118
3. 메타버스 관련 형법적 분석을 통한 대응방안 연구 ··························130
4. 메타버스 관련 형사특별법적 분석을 통한 대응방안 ························139
5. 메타버스 관련 형사정책적 분석을 통한 대응방안 ····························146
6. 소결 ··································································································155
제2절 메타버스 내 명예훼손, 혐오 및 음란표현에 대한
형사적 제재의 정당성 ·································································· 158
1. 메타버스에서의 일반적 인격권 ·························································158
2. 새로운 이론적 근거 마련을 위한 사회학적 고찰 ·····························172
3. 메타버스 내 아바타를 대상으로 한 명예훼손 행위 등에 대한
형법적 대응 ······················································································187
4. 시사점 ·······························································································192
제3절 메타버스상에서의 디지털 성범죄의 유형과 입법과제 ··················· 194
1. 메타버스상에서의 디지털 성범죄의 유형과 대응방향 ·······················194
2. 디지털 성범죄의 보호법익-인격권에 대한 논의를 중심으로- ··········205
3. 해외 디지털 성범죄 대응 입법례 ·····················································216
4. 디지털 성범죄에 대한 입법적 대응 방안 ·········································222
5. 소결 ··································································································233
제4절 메타버스 경제(블록체인과 가상자산)와 재산범죄 ························· 235
1. 개관 ··································································································235
2. 메타버스의 기술과 메타버스 경제 관련 일반적 분석 ······················237
3. 메타버스 경제 관련 형사법적 논의 ··················································250
4. 메타버스 관련 재산적 법익침해에 대한 향후 과제 ··························264
5. 시사점 ·······························································································268

제5장 윤해성
결 론 ······················································································· 271

참고문헌 ··················································································283
Abstract ·················································································307
부록 ·························································································311