형사사법절차의 전자화에 따른 법적 쟁점에 대한 고찰

The Criminal Justice Information System (KICS) is an electronic management system built with information prepared or acquired by criminal justice agencies, including the court, the Ministry of Justice, the Public Prosecutor's Office, the National Police Agency, and the Korea Coast Guard, in the handling of criminal cases such as investigation, prosecution, trial, and execution. It was prepared to computerize the document preparation of criminal justice institutions and realize a speedy and transparent criminal justice process by jointly utilizing the information of each institution. The Criminal Justice Common System was first established in 2010 and has been in operation for over 10 years. Accordingly, in 2018, the Ministry of Justice, the prosecution, the police, and the Korea Coast Guard jointly announced a “planned project for establishing the next-generation criminal justice information system (KICS)” to provide intelligent criminal justice services based on the latest IT technology. In addition, the Ministry of Justice submitted a bill on the use of electronic documents in criminal justice procedures along with the establishment of a criminal justice information system to realize the digitalization of criminal justice procedures on January 29, 2021, and is currently pending in the National Assembly. The convenience and speed of criminal justice procedures will increase as all documents are digitalized through the digitalization of criminal justice procedures and electronic documents are transferred on the system. Problems such as deepening of information inequality among data subjects and data claimants may arise. To this end, it is necessary to prepare a system and laws for the differential management and disposal of personal information for shared information, and discriminatory information disclosure according to the right to request information disclosure.