강력범죄 피의자 신상공개 제도의 법적 문제와 개선 방안

Abstract

The recent murder by Ko Yoo-Jung & Ahn In-Deuk has rekindled controversy over whether it is fair to reveal the malicious crime’s suspect. While there are views that revelation of malicious crime’s suspect violates principle of presumption of innocence, principle of disclosure and rule of definiteness, others say that it is necessary for the people's right to know and to prevent malicious crimes. This study reviewed the legal problems of the revelation the malicious crime’s suspect based on the arguments for and against them. And this study present an improvement plan that could harmonize public benefits (such as people's right to know) and human rights. The improvement plan about the revelation the malicious crime’s suspect presented in this study are as follows. First, the decision on whether to reveal the malicious crime’s suspect or not should be made by unified through one process and judgment institution, such as National Police Agency human rights committee. Second, Article 8-2 of the "Act on the Punishment of Certain Violent Crimes” will have to be amended in view of the principle of clarity. Requirements of opening he malicious crime’s suspect will have to specify in the law. And Delegation regulation that details about revelation of the malicious crime’s suspect can be made by Commissioner General of the National Police Agency is necessary. Finally, procedures should be prepared to reflect the opinions of suspects who are involved in the case. Finally, the law should specify how faces of suspects are disclosed.