인터넷상 불특정 다수 살인예고 게시에 대한 수사상 한계와 그 개선방안

Posting a threat of mass harm on the internet does not meet the Actus Reus of any crime under current law. Therefore, it is difficult for investigative agencies to initiate investigation on it. Furthermore, there are various problems with the provisions for telecommunications-investigation, such as the lack of regulations allowing provision of communications data during pre-investigation stage. As a solution, amendment of related substantive and procedural acts was proposed. As for substantive law, it was proposed to create new articles to punish a threat of mass harm in Criminal Act and posting a threat of mass harm on the internet in Act on Promotion of Information and Communications Network Utilization and Information Protection. As an improvement for procedural laws, the following was proposed; the establishment of new provisions in the Telecommunications Business Act that allow communications data to be provided at the pre-investigation stage, and the request of communications data under the court's permission with the obligation for providers to follow it, and in Protection of Communications Secrets Act, criminal penalties for violation of communications business operators' duty to provide communication confirmation data. It would make posting a threat of mass harm on the internet and similar acts to be punishable, enable effective pre-investigation, and ensure the efficiency of investigations while controlling the power of investigative agencies.