통신제한조치의 집행에 관한 법정책적 고찰

Abstract

In the Communication Privacy Protection Act enacted to maintain the privacy of communication, there are various regulations on communication restriction measures. In regards to the notification of enforcing communication restriction measures, there is a need for a more effective measure at the level of ensuring the freedom of privacy and people's right to know. In addition, the same discussion would be necessary for the notification of enforcing the confiscation, search and verification of telecommunication that has been transmitted/received, which is described in No.3, Article 9 of the Communication Privacy Protection Act. According to the Communication Privacy Protection Act, it describes the obligation of telecommunication carrier to cooperate with the enforcement of communication restriction measures by investigative agency. However, there is no mention of specific requirements for cooperating with the enforcement of communication restriction measures or measures related to technology. That is why in the case where telecommunication carrier is not equipped with necessary equipment for cooperation, there could be a situation in which the carrier is not able to properly cooperate in spite of investigative agency's request for cooperation. However, in the case of other countries, communication restriction measures are being taken extensively on mobile phone while reinforcing the obligation of telecommunication carrier to establish according facilities. In the midst of such circumstance, discussions are taking place also in our country in regards to imposing telecommunication carrier with the obligation to establish wiretapping facilities. Based on such critical mind, a rational policy direction will be presented for our country by comparing and reviewing the legislation cases of other countries on whether it would be possible to mandate telecommunication carriers to equip themselves facilities needed to enforce communication restriction measures, along with discussions on the notification to the involved parties of communication regarding the enforcement of communication restriction measures.