[논문] 현행 통신비밀보호법의 문제점과 개선방안 - 통신제한조치와 대화감청을 중심으로 -

• 영문명: Problems of Current Telecommunication Protection Act in Korea and their Improvements
• 발행기관: 한국형사법학회
• 저자명: 김형준(Kim Hyung-Joon)
• 간행물 정보: 『형사법연구』형사법연구 제24권, 213~236쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.12.01

영문 초록

Korea's current Telecommunication Protection Act has some following problems and improvements in relation with an eavesdropping. First, despite several amendments, an eavesdropping may be authorized for over 100 designated offenses which are so wide and gives weak protection to the electronic communications. In addition, the scope of offenses subject to eavesdropping should be more clarified. Second, though the maximum allowable duration of eavesdropping is within two months, it is so long that it should be shortened to within 10 days like in the detention period of the law enforcement entities. In addition, since the authorization can be extended within two months without limitations on the number of uses and can be prolonged indefinitely, some limitations should be put on the number of uses and the total allowable period. Third, since an urgent application for telecommunication limitations may be allowed without the prior permission of court, there should be a prior control on their uses. Therefore, the offenses subject to the urgent application should be confined only to the ones which may pose imminent hazard to the human life, or serious threats to national security or terror-related activities. Fourth, new provisions should be established to limit the re-authorization for the same offenses and their criminals. Fifth, there are too many and comprehensive excuses for postponing the eavesdropping notice which are judged wholly by the law enforcement entities and are practically abused. Therefore, new provisions should be introduced which require judgment by court. In addition, it is necessary to confine the postponement period.

목차

Ⅰ. 문제의 소재

Ⅱ. 통신제한조치

Ⅲ. 대화감청

Ⅳ. 맺음말

[Abstract]