통신비밀보호법과 테러방지법상 영장주의 강화를 위한 법제정비 방안

Abstract

Traditionally, the issue associated with Warrant Requirement Principle in the freedom of communication has been related to eavesdropping and interception, centering on the freedom of the body. However, in modern times, various methods are used to collect information. Moreover, private companies that provide communication services that exchange and connect large volumes of data can be used to collect deeper and more intimate information. In addition, the information that the state can obtain through the seizure of communication devices inevitably leads to infringement on the privacy of individuals, but the procedural sophistication seems to be insufficient. It is necessary to discuss in detail how the actual operation is based on these discussions under Warrant Requirement Principle. Warrant Requirement Principle has procedural significance that allows individuals to defend against various infringements of basic rights such as seizure, search, and verification, as well as arrest and detention by independent judges. If Warrant Requirement Principle does not properly play the role of protecting communications secrets and the discretionary control of intelligence agencies does not work properly, the state can create a so-called “monitoring society” based on personal information about the people. And this surveillance society is likely to lead to the control of human dignity, ideology and conscience, business, academic, religious, and political activities as pursued by the Constitution. In an intelligent information society, under the awareness that Warrant Requirement Principle should be strengthened for the protection of communications secrets, efforts have been made to propose alternatives not only for communications devices, but also for criminal investigations and national security in general. In particular, review the time limit and notification of communication restriction measures through warrants from the standpoint of self-determination of personal information, and propose communication restriction measures for each suspect to reinforce Warrant Requirement Principle for the 「Terrorism Prevention Act」, and control the communication restriction measures through this act and the committee and the National Assembly control plan were briefly presented.