형사사법에 있어 개인위치정보에 대한 고찰 : 긴급구조 및 수사를 중심으로

Personal information is very important resource like as oil and mineral in modern information society. Companies obtaining much information are more competitive and profitable so, they strive to gather as much information as possible. Especially, the importance of personal location information is on the rise these days, because it is being used in various service area in ubiquitous environment. Of course, the necessity of personal location information is the same as investigative authority. But personal location information is a critical factor for the protection of privacy. Thus, it is protected not only by personal information protection act, but also by act on the protection, use, etc. of location information The use of personal location information was an issue in criminal justice. Above all, the issue was that ISP provide police with personal location information of individuals in emergent situations. Thus, Act on The Protection,Use, Etc. of Location Information was revised to reflect the situation. But the law still generates a variety of controversies. Also, investigative agencies want to use personal location information in their investigation. Therefore, this article focuses on the problem regarding the use of personal location information in emergency relief and investigation. In conclusion, the availability of personal location information should be raised in emergency relief. However, the punishment on the misuse of the information should be strengthened further. And it is not necessary to ban the use of personal location information in investigation, but the control of the court should be improved.