통신수사의 문제점과 개선방안

Abstract

Article 18 of the Korean Constitution prescribe the violation of individual's right to the secrecy of wire communication. This study analyzes problems of illegally telecommunication investigation by law enforcement agency(Police, national Intelligence Service, other's Investigation Authorities). In the light of this analysis, the study concludes that the Protection of Communications Secrets Act and telecommunication investigation process have to improve for privacy protection, efficient investigation, national security. The first section of this study will be dedicated to exploring the following issues: limiting wiretapping and eavesdropping, further specifying the Articles and provisions of the Protection of Communication Secrets Act; and incorporating various predictable situations into the investigation process. The second section will incorporate issues that may arise along the implementation process of the law, which includes: the lack of knowledge on telecom secret protection among the investigation authority and telecom carriers; the increasing demand for telecom-related data; the lack of self-regulation within the National Intelligence Service, which leads to wiretapping abuse and the issue of setting the scope of billing call specifications. Following section will shed light on those problems related to the legal framework itself, and ways to address them, including: the abolition of emergency eavesdroping making it an obligation to inform subscriber upon the use of confirmation ways to address illegal data usechecking the intelligence and investigation agencies and limiting the scope of call date availability.