신체의 구성부분에 대한 강제수사 및 그 적법요건에 관한 고찰 - 지문 융선을 중심으로 -

While there is a great need to protect society from crimes such as terrorism, drugs, organization, strong, cybercrime, etc., in order to discover the real truth about a specific group of criminals that have been intelligent, secreted, and organized, the evidence collection through digital devices such as smartphones is required. But it has become also a reality with the development of smart phone security technology, that it is not possible to decrypt the password for the smart device legally obtained by the investigating agency and in the end it is not possible to obtain core evidence. In this case, it is a question whether a forced investigation is possible. As a matter of fact, the fingerprint information has been used as an important means for personal identification in the past, so it has some legal basis for compulsory collection. And from a balanced point of view that forced urine collection and forced blood collection which are greater degree of human rights violations are allowed, the compulsory investigation of fingerprint information, which is unlikely to cause damage to physical health, should be allowed. However, a verification warrant will be needed in light of the fact that the fusion of fingerprints is permanently attached to the body, which is virtually impossible to separate, and that no expert knowledge is needed to decrypt them. The minimum compulsory exercise, which requires fingerprints to be touched on the home button of a smartphone, will find its legal basis as “other necessary dispositions for verification” under Articles 219 and 140 of the Criminal Procedure Act. Of course, the electronic information from the smartphone obtained through the decrypted password must be controlled through the legal principles and discussions related to the limitations of the seizure and search of electronic information, such as receiving a separate pre-seizure and search warrant.