소위 ‘몰래카메라’ 촬영 및 유포에 대한 형법적 규제에 관한 입법론적 고찰 -비교법적 검토를 고려하여-

Abstract

The development of small, concealed cameras and cell phone cameras, along with the instantaneous distribution capabilities of the Internet, have combined to create a threat to the privacy of persons. From the aspect of the comparative analysis have most nations already the criminal provisions against this threat. The previous criminal protection against this, however, is not sufficient. In order to solve this problem, a new provision is required. The following should be basically considered that the new provision must prohibit a person from intentionally capturing and transmitting an image of a private area of an individual without that individual's consent and the person capturing the image knowingly does so under circumstances in which the individual has a reasonable expectation of privacy. In the section should be also punishable disclosing, preserving or arranging for the disclosure to the public or to a third party, or utilizing in any manner whatsoever any recording or obtained recording.