수사기관의 피의사실 공표죄의 논쟁점

Abstract

Media floods society with all kinds of information, including sensitive information from criminal case investigations. Information about ongoing criminal investigations is particularly appealing to the public, and thus of special interest to the media. Freedom of press and the public’s right to know legitimizes the release of all available information to the public. However, release of sensitive case-related information by investigative agencies prior to public trial of defendants is both ill-advised and criminal under Korean law. Most importantly, premature release of information compromises the defendant’s presumption of innocence among the public and criminal justice professionals. But nearly as important is the derogatory effect such release has on the lives of alleged criminals, the crime victims and their families, whose privacy may be thereby invaded, and the peace of their lives destroyed. Several steps should be taken to eliminate unauthorized disclosure of sensitive criminal case investigation information: First, we should characterize such unauthorized release as an abridgement of individual rights, and not just against national legal interests; Second, we should enact legal guidelines regarding disclosure of sensitive information to the public prior to trial of criminal cases, including limits to the nature of media’s use of disclosed information; Third, we should differentiate between release of information according to categories of crimes being charged such that the more serious crimes charged would warrant heightened care of sensitive information; Fourth, investigative officers and citizens should be accorded the same protections as the suspects under investigation; protection. Fifth, victims should be especially guarded against unauthorized disclosure consequences so that they are not mentally/emotionally victimized a second time, this time by investigative agencies.