청소년성보호법상 수사특례제도의 문제점 및 통제방안

Abstract

As can be seen from the case that caused public outrage in the investigation of identity confidentiality and identity disguise, newly introduced in our Children's and Youth Sexual Protection Act, the need for an active investigation is very high. However, since investigation itself is highly likely to infringe on the basic human rights of the subject, necessity alone does not justify all investigation methods. Even if no special system is currently established, special permission and procedure regulations are required if it cannot be regarded as a general voluntary investigation in light of the characteristics of the investigation method. In this respect, the fact that the revised law clearly clarifies the basis for the investigation of identity secrecy and identity falsification can be evaluated as a step forward. However, in view of the principle of voluntary investigation, which can be said to be a principled investigation method under the Criminal Procedure Act, it can be evaluated that the guarantee of procedures in the current law does not sufficiently reflect the nature of the infringement of basic rights that can result from an investigation of identity confidentiality and identity disguise. It is urgently required to prepare guidelines for investigative legality in advance by not only the police, but also the Ministry of Justice, the prosecution, and the courts in order to contribute to the punishment of criminals as the actual investigation proceeds within the scope of the due process principle as well as more detailed legislation. This is because it is an investigation method that has the potential to lead to an illegal investigation simply because of the investigative passion, not the investigator’s malice. The confusion that inevitably arises in the early stages of implementation should be sorted out as soon as possible. In addition, there is a great need to supplement related regulations and organizations, such as stipulating the obligation to record, so that the investigation agency's internal control and approval process can be refined, and the police committee can have actual follow-up control. Furthermore, in order to block the possibility of using an illegal investigation method that may occur in the investigation process of identity confidentiality and identity disguise, it is necessary to establish the ‘(disguise) investigation guidelines’ and establish a tentative name ‘Investigation Deliberation Committee’ to supervise them. there is Through this, accountability and legitimacy of the investigation will be improved, and the police officer in charge of the investigation will be supported.