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디지털 성범죄 위장수사 허용 범위 및 시스템 구축 방안에 관한 연구
주지연(Jiyeon Joo),진의현(Euihyun Jin),김기범(Gibum Kim) 한국디지털포렌식학회 2021 디지털 포렌식 연구 Vol.15 No.2
The tip of the iceberg, Welcome to Video case and Telegram Nth Rooms case clearly revealed the current state of digital sexual crimes in Korean society. Digital sex crimes have continued in the form of producing, editing, and distributing sexual exploitation and illegal filming, but have recently evolved into extortion of money and online grooming. Despite the response of relevant agencies such as the police and the Ministry of Gender Equality and Family, the damage continued to spread, and social outrage reached its peak. In the end, in March 2021, the government expanded the scope of punishment and improved the statutory penalty by amending the Youth Against Sexual Protection Act. Furthermore, the government established a special case for undercover investigations for the first time. However, despite the amendment of the law, the allowable range of the undercover investigation is ambiguous and there is a concern that the controversy over the illegality will continue. Each investigators face the problem of difficulty in creating, operating, and disposing of information such as SNS accounts, ID cards, mobile phone numbers, and cryptocurrency wallet required for investigation. Therefore, in this paper, we examine the judicial system and enforcement decree to determine the legitimacy of specific enforcement actions, and then suggest ways to implement a undercover investigation system that can support and control. In other words, we intend to derive acceptable enforcement actions based on the interpretation of the legal system of undercover investigations, increase time and economic efficiency through system implementation, and secure the legitimacy of enforcement. In the future, the allowable range and legality of enforcement actions of undercover investigation should be further specified through precedents. The system should also be supplemented according to enforcement actions and procedures and added functions. It is expected that the National Police Agency will promote the establishment of a undercover investigation system to secure the efficiency and legitimacy of the execution of undercover investigations and to control the abuse of investigators.
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