피의사실공표죄와 피의자 신상정보 공개에 대한 법적 검토와 개선방안

Abstract

Article 126 of Korean Criminal Law provides that a person who, in the performance or supervision of, or in the assistance in, functions involving prosecution, police, or other activities concerning investigation of crimes, makes public, before request for public trial, the facts of a suspected crime which have come to his/her knowledge during the performance of his/her duties, shall be punished by imprisonment for not more than three years, or suspension of qualifications for not more than five years. On the other hand, Korean Law has the rules allowing exceptionally publication of facts of suspected crime or disclosure of personal information, such as the face, name and age, on a criminal suspect. The main contents of this study are as follows. Firstly, this study interprets the protective legal interests and components of the crime of disclosing the facts of the suspect which is the fundamental norm on the publication of facts of suspected crime and disclosure of personal information, such as the face, name and age, on a criminal suspect in the current legislation. Secondly, this study examines the rationale for justifying the permission of the publication of facts of suspected crime and disclosure of personal information on a criminal suspect. Finally, this study seeks and presents a plan to improve the current legislation on the publication of facts of suspected crime and disclosure of personal information on a criminal suspect based on the above research.