Undercover 및 Confidential Informant 制度導入에 관한 憲法的 考察 = A Study on Legislation of Criminal Investigation by Undercover and Confidential Informant with Constitutionality

다국어 초록 (Multilingual Abstract)

Recent crimes show a tendency not only to increase in quantity but to be complex in quality. It becomes more difficult to apprehend crime itself, collect evidence and arrest criminal because the character of the crimes is consensual, victimless and invisible. Here comes the necessity of tricky and undercover method so called entrapment investigation. And most investigation agencies of many countries use this method nowadays. In spite of usefulness of the method, there are problems that the method has possibility to conflict with the principle of guarantee of human rights and due process of law which is supported by constitutional law. Thus undercover, confidential informant and entrapment investigation stands between two conflicting values, defense of society and guarantee of human rights, and both full control and unlimited permission are not desirable. Now how can we find out the harmonious point of these two values?
The idea of due process of law in Constitution made criminal procedure, the Bill of Rights become a "living document". The newly established Korean Constitutional Court and the Korean Supreme Court have made important decisions for such rights. However, there still remain a number of problems such as undercover and confidential informant investigation which could disturb the trim in the Constitution and overshadow the constitutional procedural rights. But in Korea the necessity of undercover and confidential informant isn't deniable like in other countries. Thus the important point is the control of undercover and confidential informant and the way of control of those must be made in accordance with due process of law in Constitution.
So, we have to study due process of law and other principal of guarantee of human rights concerning undercover and confidential informant. And then, it will be necessary that we apply those to the legislation for criminal investigation by undercover and confidential informant with constitutionality.

목차 (Table of Contents)

• I. 序 論
• II. Undercover와 confidential informant의 槪念
• III. 美國의 Undercover 및 Confidential Informant 制度
• IV. 適法節次原理에 따른 Undercover와 Confidential informant의 統制 方案
• V. 結論

참고문헌 (Reference)

1 鄭宗燮, "憲法學原論" 박영사 2008

2 文鴻柱, "國政調査權" 19 (19): 11-,