아동․청소년성보호법상 신분위장수사등에 관한 고찰

The Act on the Protection of Children and Juveniles against Sexual Offenses(which was promulgated on March 23, 2021) established a new provision to punish Cybergrooming(Article 15-2), and ‘Identity Concealment Investigation’ and ‘Undercover Investigation’ systems to eradicate Digital Sex Crimes against children and juveniles (Article 25-2 to 25-9). These provisions took effect on Sept. 24, 2021. The provisions on the Identity Concealment Investigation and Undercover Investigation can be evaluated positively in that the requirements and procedures for legality and effectiveness of the investigation are clearly stipulated in the act. However, these provisions couldn’t be used in abuse of investigative authority and infringe on the rights of citizens. Even if the investigation is initiated with the permission of the court, the risk of disguising identity can be transformed into an 'illegal entrapment investigation' depending on the nature of the crime and the circumstances of the investigation. In this regard, it is thought that it is necessary to make an effort to make a lawful investigation by specifying the enforcement ordinances and guidelines to prepare specific standards and permissible requirements, and by analyzing the investigation process and results. In addition, it is thought that further consideration will be given to the legality of the evidence collected through identity disguise investigations, etc.