수사절차와 위치추적 - U.S. v. Jones 판결(2012)과 개정 위치정보보호법을 중심으로 -
Criminal Investigation and Location Information
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Last April 2, 2012, there was occured a murder in Suwon. The story about the murder received national coverage on the news every day and this murder case rocked the whole country. Becuase at the time of the incident, the victim was reported 112 center and the police made door-to-door inquires near that area,nevertheless, the murder occurred. 51)After that incident, the chairman of the culture, sports, tourism and communications committee of the national assembly on his authority put down an amendment of "Law on the protection and use of location information" article 29. According to the law at that time, police had no automatically trackable authority of location (information), even though a citizen reported at 112 center and police officer was dispatched to the site, he had a lot of difficulties in searching the spot exactly and protecting person's life and bodies from imminent dangers. So this amendment in May 2, 2012 would be helpful protecting citizens' life and bodies from imminent dangers in the future. Recently Supreme Court of United States decided that "the Government's attachment of the GPS device to the vehicle, and its use of that device to monitor the vehicle's movements, constitutes a search under the Fourth Amendment". That means admission of the evidence obtained by warrantless use of the GPS device violated the Fourth Amendment. This decision has great implication for us. As a result of no substantive enactment about making use of GPS location tracking in our criminal investigation, there was a great diversity of opinions concerning applied law. This study is focusing on that problem.
Abstract
Last April 2, 2012, there was occured a murder in Suwon. The story about the murder received national coverage on the news every day and this murder case rocked the whole country. Becuase at the time of the incident, the victim was reported 112 center and the police made door-to-door inquires near that area,nevertheless, the murder occurred. 51)After that incident, the chairman of the culture, sports, tourism and communications committee of the national assembly on his authority put down an amendment of "Law on the protection and use of location information" article 29. According to the law at that time, police had no automatically trackable authority of location (information), even though a citizen reported at 112 center and police officer was dispatched to the site, he had a lot of difficulties in searching the spot exactly and protecting person's life and bodies from imminent dangers. So this amendment in May 2, 2012 would be helpful protecting citizens' life and bodies from imminent dangers in the future. Recently Supreme Court of United States decided that "the Government's attachment of the GPS device to the vehicle, and its use of that device to monitor the vehicle's movements, constitutes a search under the Fourth Amendment". That means admission of the evidence obtained by warrantless use of the GPS device violated the Fourth Amendment. This decision has great implication for us. As a result of no substantive enactment about making use of GPS location tracking in our criminal investigation, there was a great diversity of opinions concerning applied law. This study is focusing on that problem.
참고문헌 (25)
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