금융거래정보와 영장주의

Abstract

Financial transaction information is an important evidence of significant criminal cases in the modern society, such as corporate crimes, bribery crimes, and voice- phishing crimes. Therefore, It is very important for the investigative agency to secure such information promptly. In developed countries such as the United States and Germany, for this reason, the financial transaction information stored by financial institutions is treated as an exception to warrants or modifies requirements of warrants, while infringing the secrets themselves. In comparison, Korea applies too strict warrantism to all financial transaction information. Although seizure and search of financial transaction information have different characteristics from seizure and search of goods, there is a gap between law and investigation reality because it does not prescribe the procedure reflecting this. As a result of the recent Supreme Court's execution of a warrant by copying the Financial account warrant, there was no suggestion of the original warrant, and the failure to issue a seizure list to a financial institution corresponds to the seizure and search in violation of the Criminal Procedure Act. According to a case that denies the evidence ability of the details(2018do2841), the warrant must be presented directly to the bank. However, while the seizure and search procedures do not really help protect the rights of the case-related parties such as the suspects and financial institutions. It greatly reduces the effectiveness of account tracking investigations, and investigators may not have sufficient evidence. And it is true that there will be a lot of obstacles in recovering the crime. Therefore, it is urgent to amend relevant laws to pursue the efficiency of financial transaction tracking investigations and the protection of information of account holders. To this end, the consolidation of seizure and search warrants related to information, the dualization of account information and financial transaction history information requirements system, the introduction of opposition procedures for electronic warrant systems and information subjects, and the urgent seizure of financial transaction information without warrants.