피의자 및 피고인의 신상공개에 대한 고찰

On December 27, 2023, actor Lee Sun-kyun, who had been under police investigation for drug use, took his own life. Some say that despite several negative drug reactions, the investigative agency that continued unreasonable investigations based on the statements of the previous seven criminals and disclosed Lee Sun-kyun's personal information and suspected facts, and the media that competitively reported them without filtering are quite responsible. Article 27 (4) of the Constitution declares that "the criminal accused is presumed to be innocent until proven guilty," and this naturally applies to criminal suspects whose degree of criminal charges is lower than that of criminal defendants. Therefore, disclosing the personal information and suspected facts of the suspect and the accused at the investigation and trial stage may violate the principle of presumption of innocence of the Constitution. In addition, there are various problems such as the disclosure of personal information may violate the provisions of other constitutions, such as the right to a fair trial, or may constitute a crime of publicizing the suspected facts under the criminal law. Therefore, the disclosure of the personal information of the suspect and the accused who are presumed to be innocent at the investigation and trial stage is not appropriate, and if personal information must be disclosed, it would be reasonable for the court to sentence them as a security disposition at the time of conviction.