사이버경찰활동의 최근의 헌법적, 경찰법적 문제점과 과제

As the risk society deepens and it is combined with the information society, we have summarized and examined the theoretical analysis framework that is newly discussed to be applied to the measures to prevent risks in advance by the exercise of national authority such as cyber police activities. Through the cyber police activities, it is necessary to safeguard the people in the risk society, but at the same time, it has a difficult task to get the justification so that it does not become a monster or Big Brother. Otherwise, the people will not fully accept cyber police activities. Especially, recently the cyber world is expanding in relation to the activities of state agencies such as cyber police activities, and the legitimacy is strongly demanded from the viewpoint of the police law as well as the constitution. Through cyber-police activities, it is possible to effectively prevent risks and to achieve results in areas of risk. However, there must be a justification for infringement of the self-determination and privacy of the victims. This debate begins with a discussion of the traditional legitimacy of Böckenförde and is discussed in depth and diversity by contemporary scholars of modern law, including Schmidt-Assman. Particularly, as Schmidt-Assman points out, it is important to note that in order for cyber police activities to gain legitimacy, they need three things: acceptability, participation, and openness. Moreover, as Pitschas emphasizes, the acceptance which means that police activities should be accepted and understood by the people is strongly demanded by the European countries as well as the Anglo - American countries, and those efforts are being made to acquire them. In addition, new contents to be observed by cyber police activities should be dynamically approached in accordance with the principle of distance. Of course, the principle of proportionality, the principle of equality, the principle of cooperation with international society, and the principle of cooperation between public and private sector so called PPP which means public private partnership etc should be also observed.