e-사회에서 테러 및 범죄예방을 위한 감청과 프라이버시의 갈등 조정 방안 연구

Study of adjustment on clash between interception against terror and prevention of crime and privacy in e-societySung, Sun-JeThis research explores the legal system about interception and protection of privacy in the United States and Korea. An interception could be restriction to privacy, as well as freedom of communications and freedom of residence. The United States does not set privacy in Constitution. But There were numerous privacy laws and cases to be acknowledged. Since Olmstead case, it has been developed to require strict warrant for protection of privacy. As a result, It has been coded to Omnibus Crime Control and Safe Street Act, Electronic Communications Privacy Act, and USA Patriot Act, which finally makes it allow to intercept communications. Meanwhile, Korea has enacted a law protecting the privacy of confidential communications and restricted wiretapping and eavesdropping. But the permit for interception is broad and ambiguous, and the long-term period of wiretapping and the control after interception is weak. Therefore, it is necessary to clarify the target and range of interception, reduce the time period for interception to the minimum required, and require for investigative authority to report interception record to the National Assembly, which is attributed to be not recognized by the intercepted person.