형법적 시각에서 본 피의사실공표죄의 제문제

In case of committing a grave crime related with a huge anti-humanity, investigation authority can publish criminal facts such as name and features of suspect to ordinary people through mass media. The main object of publishing the criminal facts through mass media is to get intelligence from the witness or to get reports from the citizen in order to arrest the suspect earlier as well as to fulfill the right to know. Furthermore, there are matter of great concern to protect secondary damage of crime from the suspect. However, investigation authority can be enough ground to violate Criminal Law Act Article 126(the crime of publication of criminal facts) if suspected criminal facts publish through mass media before requesting the trials. The important facts are that the crime of publication of criminal facts almost tum out a dead letter and it is very difficult to find a case to apply the article 126 practically. It is true that the crime of publication of criminal facts enacts with the purpose of stopping the destruction of evidence by suspects or any other persons and protecting the investigation right of state. It is also true that the crime of publication of criminal fact enacts with the purpose of protecting the human right of suspects irregardless of whether or not to be innocent or guilty in accordance with the presumption principle. However, the reality of the streets tells a different story. I think that the article 126 should be faithful to the purpose of legislation and never expand the range of application. In point of fact, we shouldn't overlook that the crime of publication of criminal facts is a national crime. Therefore, it needs to change that the article gets normative power and to consider how best to deal with the situation.