주요국의 GPS수사기법 동향에 관한 고찰

In recently, some arguments, which are used in criminal cases by GPS-based Investigation, are discussed in the society some celebrity and politician. The GPS-based Investigation means an acquisition and a record of position information by using the characteristic of GPS, and by tracking the location information and moving record of the criminal for arrest and search. I am considering that how the admissibility of evidence through the GPS-based Investigation means the basis of regulation and criminal justice and the judicature’s judgment. Japan’s Supreme Court made clear in March 15 in 2017 that the GPS-based Investigation which the investigator puts the GPS-Tracker in the car without owner’s agreement and gets the location information, could be an execution by legal process without warrant and should make a legislation. So, this Judgment means important to Korea. Next, I would like to seek the efficient and reasonable establishment of GPS-based Investigation by considering the GPS-based Investigation in Germany, Japan, UK and USA. And I would like to claim the necessity of requirement and legal procedure of GPS-based Investigation. GPS-based Investigation’s Act should be legislated by considering and following the Rule of Warrant, which guarantees the Due Process Law in Constitutional Law and Privacy, as far as understanding that GPS-based Investigation is a mandatory investigation. For example, by legislation GPS-based Investigation in Criminal Procedure Law, it should be necessary that it should suppress the misuse of GPS-based Investigation and prevent the Self-decision Right of Information and Privacy Protection.