통신제한조치의 현황 및 그 개선방안

Abstract

Current Protection of Communications Secrets Act has reached its present form after substances related to communications secret were revised as law No. 9752 on May 28, 2009, and unlike the situations at the time that 3G communication service was forming the mainstream, the necessity of revision arises greatly as the law was considered improper to reflect the phase of the times which is changed in current smart fusion․convergence communication environment. Thus, seeking for solution capable of establishing a protective policy for communications secret effectively and working out a system through researches on legal monitoring issue with respect to new services and related matters are strongly demanded through in-depth consideration on the revised bill of the Protection of Communications Secrets Act submitted to the 18th and 19th National Assembly by referring to the legislation case and system of foreign countries related to fusion․convergence communication environment. Hereinafter, this study looks into the current state that telecommunication carriers provided for government institutions by subdividing into institution, means of communication and the number of telephone numbers(or IDs) in comparison with the number of documents related to the enforcement of limitation on telecommunication during the most recent 3 years, and makes an analysis on the meaning of constitutional discordance adjudication as of December 28, 2010 with respect to the regulation of ‘extension of period of limitation on telecommunication’ related to the requirements of limitation on telecommunication for criminal investigation, suggesting direction for rational revision by comparing ․ reviewing attitude of the revised bill of the Protection of Communications Secrets Act as well as legislation case of advanced foreign countries such as USA, Japan, Germany, England, France etc. With respect to the emergent limitation on telecommunication, this study, after examining the necessity of the aforementioned system, terminates an argument by suggesting a realistic alternative for preparation of an institutional controlling strategy for preventing abuse of emergent limitation on telecommunication.