국내 민간인 불법사찰을 방지하기 위한 ‘준 법률적’ 통제방안 모색 －미국의 국내정보(Domestic Intelligence)에 관한 FBI의 통제 가이드라인 논의를 중심으로－

Secret surveillance by an inspection authority under the supervision of Prime Minister’s Office targeting citizen who may have been holding a critical opinion of the President in office has been the most sensitive and controversial issue recently. The ruling party, as a remedy, proposed a bill banning inspection authorities from obtaining civilian’s personal information with some exceptions. This bill,however, has sparked another controversy because the bill allows government authorities to acquire citizen’s personal information when the citizen are related to officials in bribery cases. Will the new bill be effective in preventing the government from illegally obtaining citizen’s information?This paper aims to devise quasi-legal measures to effectively and practically deter illegal domestic intelligence by government agents such as National Intelligence Service or National Police Agency in Korea. This paper argues that specific and transparent official guidelines, such as the Attorney General’s Guidelines for Domestic FBI Operations(hereinafter AGG-DOM) and FBI Domestic Investigations and Operations Guide in the United States(hereinafter DIOG), would achieve better efficiency than traditional methods such as legislation and budgetary control. Part Ⅱ stresses the importance of an official guideline for Intelligence agents in a way to maintain democratic control over illegal domestic intelligence activities. Part Ⅲ and Ⅳ focus on the analysis of AGG-DOM and DIOG examining insights for Korean intelligence agents’ guidelines to guarantee legitimate domestic intelligence activities.