[The objectivity requirement in crimes related to electronic or magnetic records containing unauthorized commands].

The crime of electromagnetic records under unauthorized instruction (Article 168-2 and 3 of the Penal Code) requires that the program or the instruction code in question is against the intention of the computer user (counterintentionality) and socially unacceptable (unauthorized), as the requirements of objectivity. The significance or factors to be considered in the requirements of "counterintentionality" and "unauthorized" have not been clarified in practice. This paper examines the requirements of "counterintentionality" and "unauthorized" intent in crimes related to electromagnetic records with the Coinhive case as material, by means of a literature survey and case study. In addition, the significance and scope of the Supreme Court's decision in the Coinhive case will be clarified.