예방경찰적 정보수집활동의 법적 정당화 방안에 관한 연구

With the recent technical innovation and the rapid development of information society, diverse threats to the safety have occurred. Thus, it was needed to have means to effectively prevent risks, which had influences on the police activities in the traditional police act. According to the traditional police act theory, the invocation of police authority is allowed only when a concrete risk to the public peace or order occurs. In many cases, however, this function to limit the police authority is not proper to cope with risks shown in many forms in the current society exposed to various and complex risks. Especially, this is applied to the area of preventive intelligence collection activities of the police because it is required to invoke the police authority in the prior stage of concrete risk, to prevent the risk in advance. Due to the request for changing the paradigm of police activities from the existing passive prevention of risk to the active risk prior preparation activities, the strained relation between freedom and safety is rising, so that there should be the exploration on the grounds and limits of the police authority to prevent risks. Even though such new-types of police activities suitable for the changed society are required, the solution to this should be sought for in the perspective of constitutional state. Thus, the concrete risk which is a precondition for the invocation of police authority might be a principle that cannot be given up. However, just as the preventive intelligence collection activities of the police, even in case when the police activities are needed in the prior stage of concrete risk to efficiently cope with a new risk, this should be the exceptional exercise of police authority. In other words, even in case of legislation for effectively preventing risks or crimes, the principles like the principle of legal clarity and the principle of proportion presented by the constitutional police act should be basically observed, so that the legal justification could be recognized. Thus, based on the consideration above, this thesis aims to present the legislative direction of preventive intelligence collection activities suitable for the constitutionalism, to secure the legal justification by overcoming the operational criticism in which the constitutional control over the preventive intelligence collection activities could obstruct the effective intelligence collection activities of the police.