수사목적 통신자료 이용의 영장주의 적용 검토

Abstract

Personal information protection is more important than ever in South Korea. The development of high-speed communications networks means that South Koreans live in an increasingly networked world. The reality of personal information protection becoming increasingly more important has given way, among others, to the following set of developments: judicial decisions incorporating the current view regarding individual right to control the circulation of information relating to oneself, relevant business operators experiencing change in policy and practice regarding disclosure of subscribers’ personal information, and existing laws undergoing revisions to better reflect current reality and needs. This study examines whether it is proper and constructive to apply the principle of requiring a warrant to access communications data, considered to be basic personal information, for investigative purposes. In other words, this study focuses on whether relevant South Korean laws should require a warrant to compel disclosure of communications data to be used for investigative purposes. First, the study explores the theoretical discussions. Second, South Korea’s relevant laws and current judicial and legislative stance are looked at. Third, laws and regulations of a select developed countries on the matter are discussed from a comparative perspective. The study then concludes that for investigative purposes, it is inadvisable to require a warrant to access communications data for investigative purposes.