수사정보 공유시스템 운영방안에 대한 법적 연구

Abstract

This study aims to establish a legal basis for operating an ‘Investigation Intelligence Sharing System’ capable of effectively analyzing various types of digital investigative data to prepare for the rapidly changing landscape of cybercrime. In the case of organized crime utilizing digital environments, which has recently been on the rise, there is a need to store and manage investigative information collected during individual investigations for potential use in future cases. However, under current law, investigative information cannot be used for unrelated investigations, and all investigative materials must be transferred to the prosecution or discarded once the investigation concludes. Due to these legal limitations, the police's investigation intelligence sharing system(i3) is currently not functioning as intended. The investigation intelligence sharing system is one of the broader criminal justice information systems that support investigations by utilizing certain criminal justice information, such as geographic profiling system. Therefore, to effectively operate the investigation intelligence sharing system within the bounds of existing law, it is necessary to revise the rules governing the police criminal justice information system (under the National Police Agency's regulations) to include it as part of the police criminal justice information system. Additionally, to eliminate unnecessary legal controversies, it is recommended to introduce data management regulations for investigative purposes, referencing Germany's Code of Criminal Procedure, to create provisions suitable for the Korean context.