피의자의 인격권 보호에 관한 연구

Abstract

At present, the infringement of the right of personality occurs frequently due to the lack of awareness on the personality of the suspect. The right to personality is based on the dignity and value of human beings, the right to pursue happiness, the freedom of the body, and the secrets and freedoms of privacy, which are guaranteed by our Constitution. The right to personality includes the right to symbolize personality, such as the right to honor, the right to name, the right to portrait, the right to express personality freely, and the right not to be deformed and deformed. The suspect is a criminal who is suspected of being criminal and is likely to be violated by the investigative agency. The most typical form of infringement of personal rights currently undertaken by investigative agencies is to infringe the suspect's portrait rights and names by distributing the press release to the media and allowing filming. Even though there is no danger when the suspect enters the jail, there are cases where the physical rights of the suspect are violated by an excessive physical examination. In case of restrooms in the detention center, some parts of the body can be seen, and smells or sounds of toilets can be heard. However, it was judged that inspecting the drug suspect's anus and inspecting dangerous goods or collecting DNA samples from prisoners were not a violation of personal rights. The criterion for judging whether the suspect's personality has been violated is whether it violates the principle of prohibition of excess. In order not to violate the principle of the prohibition of excess ① the justification of the purpose ② the adequacy of the method ③ the minimum of damage ④ the balance of legal interests must be satisfied. Any infringement of any of these can be considered unconstitutional. The reason why the infringement of personal rights against the suspect continues to occur is that there is no punishment law against the violation of personal rights. And this is because there is insufficient system or facility for the protection of personal rights. However, the most important reason may be the lack of human rights awareness of investigative officials. Therefore, in order to prevent the infringement of the right of personality, it is necessary to enact a law that can punish criminal punishment as well as compensation for damages only. In addition, the system for the protection of the right of personality and the establishment of facilities should be carried out promptly. It is also important to cultivate the awareness of human rights among investigative officials.