자기부죄거부특권의 보장을 위한 디지털 미란다원칙 개념 도입에 관한 연구

Article 11(1) of the Constitution of the Republic of Korea declares that "All citizens are equal before the law. No one shall be discriminated against in any sphere of political, economic, social, or cultural life on the basis of sex, religion, or social status." South Korea's criminal justice system is based on party equality. However, does the Constitution guarantee the same quality of legal services without discrimination despite disparities in legal knowledge and economic status? How many citizens are able to stand on equal footing with law enforcement in the execution of a search warrant? The U.S. Supreme Court's Miranda decision in 1966 required that suspects be given explicit and specific warnings of their rights against self-incrimination as a minimum requirement to realize the principle of equality before the law. In the absence of such a warning, a suspect's statements under psychological compulsion cannot be evaluated as voluntary. Miranda Rule, as it applies to statements drawn from current memory, is now thoroughly ingrained in modern criminal procedure. However, the freedom not to reveal security codes in seizures of information storage media that store information that can replace human thoughts, ideas, and memories is not sufficiently protected. In order to be able to refuse to disclose the security code in response to the law enforcement agency's request at the scene of the execution of a search warrant under a state of psychological oppression, it is necessary to clearly recognize the privilege against self-incrimination. This article will argue that the right to silence the security code falls within the scope of the privilege against self-incrimination and advocate for the adoption of a so-called digital Miranda rule, which requires a specific and explicit notification of all the rights that a person may exercise in a seizure procedure, including the right to participate.