고소인에 대한 수사상 제출명령 제도에 관한 연구

• 영문명: A Study on the Submission Order System for Complainant at the Investigation Stage
• 발행기관: 충북대학교 법학연구소
• 저자명: 홍찬영(Chan Yeong Hong)
• 간행물 정보: 『법학연구』第36卷 第1號, 63~87쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2025.06.30

국문 초록

In practice, the term “cooperative seizure and search” is frequently used. Cooperative seizure and search is a form of seizure and search in which the confiscated party actively cooperates with the execution of seizure and search by investigative agencies such as the police, and is usually expressed in the process of a property investigation of a person unrelated to the suspect. Considering that seizure and search are usually a compulsory disposition that strongly restricts the basic rights of the person to be seized, cooperative seizure and search seem to have no problem in that they can minimize restrictions on basic rights that occur in the execution stage. However, the story of a cooperative search and seizure is different in the form of a formal use of a search and seizure, which is a compulsory disposition, to avoid punishment for submission of materials, such as a violation of the Personal Information Protection Act, even though the Complainant actively wishes to submit materials. Not only is it inefficient in investigation, but it is also because the recovery of the victim's rights is limited due to the delay in investigation and the decline in investigation power. Nevertheless, the reason for such a form of cooperative seizure and search is that the Personal Information Protection Act does not allow voluntary submission of data containing personal information, and the submission order system stipulated in the Criminal Procedure Act is not recognized at the investigation stage. Therefore, this study reviewed the restrictions of the Personal Information Protection Act and the Criminal Procedure Act, which are the causes of cooperative seizure and search against the complainant, and the resulting problems, and proposed a submission order system for the complainant as an improvement measure. I hope this study will help improve the investigation process for complaints, even if it is weak.

목차

Ⅰ. 서론

Ⅱ. 고소인에 대한 협조적 압수·수색의 발생원인 및 문제점

Ⅲ. 고소인에 대한 수사상 제출명령 제도의 도입

Ⅳ. 결론

참고문헌

키워드

협조적 압수·수색 개인정보보호법 수사단계에서의 제출명령 피해자의 권리 고소인에 대한 제출명령 제도 Cooperative Search and Seizure Personal Information Protection Act Submission Order at the Investigation Stage Victim's Rights Submission Order System for Complainants