디지털 성범죄의 위장수사 쟁점과 과제

Abstract

Prior to the digital age, cyber sexual violence was limited to verbal expressions, such as sexual language and obscenities. With the development of information and communication technology, illegal videos using smart devices are created with increasing regularity. These videos are being diversified into edited, synthesized and processed deepfake pornography. Videos are taken without the victim's knowledge and are weaponized; then used to exploit or coerce the victim. Child or youth pornography that had been distributed to adult sites or web hard is now rapidly spreading through SNS on overseas servers. These crimes are organized to generate large-scale profits. In an effort to deal with the evolution of digital sexual crimes and criminal methods, the Ministry of Gender Equality and Family proposed some revisions to the laws in the 「ACT ON THE PROTECTION OF CHILDREN AND YOUTH AGAINST SEX OFFENSES」. These revisions were passed in the National Assembly plenary session. As a result, the legal penalties for digital sexual crimes have been intensified. Conversations, solicitations and enticement for sexual exploitation of children and adolescents, called "online grooming," have been legislated. Because online grooming has been legislated as a special case for digital sexual crime investigations targeting children and adolescents, it has become possible to conduct undercover investigations into this criminal method. It is worth noting that the concept of "undercover investigations" had not, until now, been included in Korean legislation. A potential problem exists that, for an effective investigation to happen, the element of deception by the state might be necessary. In an attempt to apprehend criminals committing this type of crime, law enforcement may utilize a concept of an entrapment investigation called "provision of opportunity." This simply enables law enforcement to commit a crime to lure -- and then apprehend -- the actual criminal. Further, law enforcement agencies are granted permission to create and exercise documents and electronic records to disguise their identity, as well as to purchase and sell child or youth pornography using such camouflage identity. This raises concerns about illegal operations of investigative agencies or the potential for criminal deviance of undercover investigators. Therefore, to ensure that these disguised investigations (which are special components of digital sexual crimes) are used reliably in the field without any cases of misuse or abuse from their intended purpose, and to ensure that no human rights violations or over-investigations occur, Korean law enforcement will compare domestic cases with foreign cases. Additionally, law enforcement officials will examine and compare domestic and foreign undercover investigation tools, management systems and training programs for undercover investigators. By using these comparisons, law enforcement agencies will use this guidance for creating a legal and effective system.