형사절차상 정보자기결정권의 보호에 관한 연구

Abstract

The Criminal Procedure Act and associated laws have not enacted common regulation on protection of individuals’ information self-determination of criminal procedures. This was because social and legal interest in individual’s information protection was not ripened, and protection of information self-determination of criminal procedure was not discussed enough yet. This study inspected problems of protection of information self-determination of criminal procedure of Korea. The study attempted to find out effective protection of information self-determination of suspects, defendants and victim of criminal procedures: 1) value of information self-determination of criminal procedure, 2) inspection into personal information self-determination of current criminal procedure, 3) problems and supplementation of right of information self- determination of criminal procedure. Information self-determination discussed protection of privacy of litigating persons including victim, and right of the procedure included active control of one's information of criminal procedure beyond passive protection of individual’s information to be of problem. It was time to investigate value and contents of information self-determination. The Criminal Procedure Act and other laws have regulated rights of information self-determination. This study investigated information self-determination of criminal procedure based on rights of the Criminal Procedure Act of suspects, defendants and crime victim who had rights of information self-determination. The study investigated suspect and/or defendant’s rights of information self-determination, victim’s rights of information self-determination, and litigation person’s rights of information self-determination: The Criminal Procedure Act and other laws regulated crime victim’s rights of information self-determination. The study investigated protection system of information self-determination of criminal procedure and guarantee of information self-determination. Protection system of information self-determination of the criminal procedure had problems: 1) handling of private information of the criminal procedure, and absence of basic idea on the protection, 2) non-system of control of private information of the criminal procedure, 3) Uncertain limitation standard of right of private information self-determination, 4) conflict of information self-determination right and other procedure rights. The study suggested to solve the problems: 1) preparation of regulation to assure of private information self-determination of criminal procedure, 2) notice system of information entity of criminal procedure and protection of information by stage, 3) standard of profit sentencing at the conflict of information self-determination right of criminal procedure, 4) reformation of other regulations.