피의사실공표죄의 허용요건으로서 피의자의 얼굴 등 정보공개에 관한 연구

This study examines the crime of disclosing the facts of a suspect as the principle of prohibition of disclosure of criminal cases and related regulations, and then examines the legislative purpose, the facts of a suspect, and the information prohibited from disclosure. With regard to the exceptional disclosure regulations, disclosure requirements and scope, the types and criteria for determining the illegality of the crime of disclosing the facts of a suspect, and the types of just acts according to laws were reviewed. While reviewing the disclosure of personal information such as the face and whether or not to allow filming, the regulations and precedents related to the disclosure of personal information such as the face, the recent controversy related to the disclosure of the face, the legislative discussion, and the permission of filming were reviewed. A related amendment was presented. If there is sufficient evidence to believe that the crime was committed in relation to the disclosure of the identity of the suspect in a specific violent crime case in which the means of the crime was cruel and serious damage occurred, the public interest such as guaranteeing the public's right to know, preventing the suspect's recidivism and crime prevention, etc. If the requirements under the current law are met, it is necessary to take a picture and disclose it even if the suspect does not agree to increase the effectiveness so that the suspect’s latest face to be disclosed can be recognized.