피의사실공표죄의 법적 쟁점 검토 -공개수배 및 검찰수사공보의 정당성 요건을 중심으로-

Abstract

Publication of Facts of Suspected Crime (Criminal Act Article 126) is comparable to Adultery and Distribution or Manufacturing of Obscene Pictures in a sense that the articles regulating such crimes are regarded as almost obsolete due to infrequent indictment despite the prevalence of the crimes. These crimes, however, are distinctive in that the offender of the former is a national organization such as the police or the prosecutor whereas the offender of the latter is an ordinary citizen. In light of this, it seems highly unjust to leave the wrongdoer who violated article 126 unpunished especially when the wrongdoer is a judicial official who is expected to be law-abiding. And this seemingly unjustness may result in people’s general distrust in law. If article 126 of the Criminal Act is deemed inappropriate in itself, it should be abolished. But if the article can be improved with amendment, it should be done so. This thesis aims to extend the idea by deliberating the legal issues surrounding the Publication of Fact of Suspected Crime. The thesis has its critical focus on the question of whether the open search for suspect and the use of prosecutor’s investigation bulletin can justify the crime, and further suggests a number of possible legislative improvements.