憲法上 通信의 自由와 通信制限措置

The Republic of Korea constitutional law prescribe the privacy of correspondence of no citizen shall be infringed(Article 18). The constitution guarantees freedom of communication as basic right. Intrusions on this cannot be overlooked simply for the vague reason that there are investigations into communist activity. While the revelation was strictly confined to wiretapping and eaves-dropping on a copied mobile terminal within the same base station and sector, if served as an opportunity to urge the government, which only repeated its cover-ups and excuses, to finally come up with more fundamental measures to address the issue from doth the privacy protection and national security perspectives. Alleviating people's exaggerated sense of damage by wiretapping would require the government to disclose the actual problem of wiretapping based on thorough investigation, and to follow up with concrete measures to formulate a legal framework where both human rights and public interests can legitimately protected. This article also include : (1) the actual condition of the protection for the secret of communication act, (2) the analysis of the protection for the secret of communication act.