언론기관의 자유와 통신비밀- 안기부 X파일 사건(2006도8839)을 중심으로-

In the year 1997, during the presidential election, there was a huge dispute within the country when the 'Korea Security Intelligence X File Case was reported by the media. A conglomerate chairmans's chief secretary and the owner of mass media company met in a hotel Japanese restaurant in Seoul and their discussion about election campaign fund given to the presidential candidates and greeting fee offered to the prosecution executives during the Korean Thanksgiving season was illegally recorded by the National Security Planning Agency. Law experts made legal arguments about the secret of communication and freedom of mass media and in March 5th of this year (2013), which is 2years after since the supreme court decision was made, the political community has proposed 'Samsung X-File going public special act' which is currently pending at the National Assembly. As the information and communication technologies has been undergoing rapid changes, communication between individuals has become more convenient in terms of both quantity as well as its quality. However, illegal wiretapping and recording of private conversations and communications became possible through the use of minimized and diversified wiretapping equipments. At the same time, in our democratic society, freedom of the report of mass media which serves as the basis for maintaining democracy must be guaranteed so that free formation of the public opinion and transmission. This paper aims to evaluates the Supreme Court's decision about ‘Korea Security Intelligence X-File Case’ with the view of constitution: Wiretapping conducted by governmental institution, assurance of the individual privacy and communication security, and freedom of report from Mass Media.