현행 통신비밀보호법의 문제점과 개선방안

Abstract

Korea's current Telecomunication 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 comunications. In adition, 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 enties. 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 aplication for telecomunication 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 aplication 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.