온라인에서 피의자 신상정보 공개범위와 제한 - 디지털교도소 사건을 계기로 -

This paper discusses the scope of and restrictions on disclosure of suspects’ online personal information. To this end, the following three research questions are asked. First, what judgment criteria do South Korean courts employ for disclosing the personal information of suspects? Second, does the scope for disclosing personal information of suspects vary depending on who the discloser is? Third, to what extent is the disclosure of suspects’ personal information allowed online? As a result of this study, the following policy implications are proposed. First, in principle, disclosure of suspects’ personal information online should be extremely limited. This is a common principle that is applicable to all disclosers including prosecutors, police, public officials, and the press. The second implication pertains to how the information is disclosed and expressed. The disclosure of suspects’ personal information online should be limited to the facts released based on objective and sufficient evidence or data and the information disclosed by the investigators in accordance with official procedures. Third, personal information should be disclosed within the scope of disclosure that meets the purpose of the public interest. In other words, information such as phone numbers and addresses, which may be abused for the purpose of threats or harassment beyond the scope of the public interest, should not be disclosed. Fourth, when personal information of suspects is disclosed online, the scope of freedom of expression protection guaranteed to ordinary citizens should be equal to or greater than that enjoyed by government agencies. Fifth, in the discloser-based approach, regulation of online platforms may be enforced. Sixth, an improved legal framework for disclosure of suspects’ personal information is required to apply the aforementioned implications.