아동학대의 예방적 과제로서 아동보육시설에서의 영상감시카메라 의무적 설치의 헌법적 문제 ― 미국의 영상감시카메라의 운영에 관한 판례를 중심으로 ―

The safety and security of the child are the important constitutional value in our risk society. And it is necessary that the child should be protect from sexual abuse, physical abuse, physical injury, mental injury, threatened injury and neglect. Recently the Infant Care Act was amended for creating the compulsory installing CCTV in infant caring facilities to prevent child abuse. The initial justification for installing video camera surveillance in infant caring facilities was to significantly reduce child abuse. But privacy activists have pointed to a variety of potential threats. In America video surveillance could implicate the First and Fourth Amendments and the Due Process and Equal Protection clauses of the Fourteenth Amendment. With regard to this constitutional issues, the Supreme Court consistently ruled that a public place is generally considered to be one in which individuals do not have reasonable expectations of privacy. In Korea, there has been little debate that the compulsory installing CCTV in infant caring facilities would be unconstitutional. The primary purpose of the Infant Care Act is for a child to have the right safety and protection from the child abuse and social risk. If a certain guidelines as well as a healthy dose of commonsense must be followed, the compulsory installing CCTV in infant caring facilities would be constitutional and no one can deny the constitutional value and safety of child on the excuse of privacy of teacher and the other child.