임의제출 형식으로 CCTV 영상정보를 제공받는 행위에 대한 해석론 및 입법론

Abstract

Under the condition that over eight million CCTV cameras are installed around the country, CCTV video information is one of the indispensable method of the crime investigation. In practice CCTV video informations are commonly produced by the owners, arguments and the grounds for the arguments on the admissibility of the practice are different upon the agencies or theories. So this study explored concerning laws, stances of the government, court and academia, and suggested interpretation and legislation methodology on the theme. In chapter 2, the facts that Criminal Procedure Act and Personal Information Protection Act are concerning laws on the issue, and differences of the arguments and grounds are exist in the interpretations of both laws were identified. In chapter 3, the facts that government’s interpretation is in discord with the literary interpretation on the Personal Information Protection Act, and Supreme Court consistently affirms the admissibility of the practice but the grounds for the affirmation differ case by case, and precedent researchs consistently negate the admissibility of the practice but the possibility of the in-the-purpose use or provision is ignored were identified. In chapter 4, interpretation and legislation methodology were suggested according to 7 principles abstracted from previous contemplation. As an interpretation methodology, the method applying amendment and supplement to the judicial precedent which affirms the admissibility of the practice by the grounds of in-the-purpose use the information was suggested. As a legislation methodology, the structure which consist of 「seizuring CCTV video information voluntarily produced is admissible generally + in case of necessary to keep in custody continuously, warrant of seizure and search should be requested + producing information to public institution should be decriminalized + information use and management should be regulated strictly」 was suggested along with the provinces. In the conclusion, the implications and limitations of the study were discussed.