신분위장수사제도의 개선방향에 대한 비교법적 연구

Abstract

Although the undercover investigation system was officially introduced into the investigation procedure in Korea for the first time due to the revision of the Youth Sexual Protection Act, it is limited in that it can be applied only to digital sex crime investigations targeting children and juveniles. In this regard, we intend to examine the problems of the system through comparative law studies. As a result of a comparative legal review of the undercover investigation systems of the UK and Germany, which represent the Commonwealth and Continental legal circles, both countries recognize undercover investigations as a basic activity for crime prevention and investigation, and almost all major crimes. It has a characteristic that the law specifies procedural requirements in order to prevent abuse of authority and establish a legal basis for the use of undercover investigations for prevention and investigation. Referring to the policy implications drawn from the cases of the UK and Germany, the directions for improving the identity disguise investigation system in Korea are as follows. First of all, the Korean-style undercover investigation is divided into two groups, namely, identity nondisclosure investigation and identity disguise investigation. It is necessary to add the area of undercover investigations with undisclosed identity, and it is reasonable to abolish the procedural restrictions on general investigations on undisclosed identity. In addition, it is necessary to expand the types of crimes to which undercover investigations can be applied. It is not appropriate to expand the system to the general administrative investigation area other than criminal investigation due to concerns about invasion of privacy. It is necessary to expand the undercover investigation system to investigate serious crimes such as drug crimes and organized crimes.