북한의 암호화폐 탈취에 대한 국제법적 대응책 검토: 해킹백을 통한 사이버 억지력 제고
Revisiting International Legal Response to North Korea’s Cryptocurrency Heist: Enhancing cyber deterrence through hacking-back
- Resource Type
- Article
- Authors
- 김자희; 이경민
- Source
- 국방정책연구 / The Quarterly Journal of Defense Policy Studies. Jan 31, 2024 142:33
- Subject
- Cryptocurrency Heist
Hacking-back
State Responsibility
Countermeasures
Cyber-deterrence
Asymmetric Warfare Capability
- Language
- Korean
- ISSN
- 1598-6101
This paper examines North Korea's cryptocurrency heist from both legal and strategic perspectives, and proposes possible solutions. North Korea continues to steal cryptocurrency in order to evade economic sanctions and finance its nuclear development. The paper explains that according to the 2001 ILC Draft articles on Responsibility of States for Internationally Wrongful Acts, cryptocurrency heist by North Korean hackers are considered a violation of international law. It also stipulates that hacking-back taken as countermeasures in accordance with its requirements is lawful because its wrongfulness is precluded. Furthermore, it highlights that hacking-back can contribute to the immediate recovery of damages and the enhancement of a state's cyber deterrence. Given that the cryptocurrency heist is used for North Korea's security and strategic purposes, the paper urges active international cooperation and responses at the national security level.