피의사실공표 법령 개선을 위한 연구

Despite decades of repeated tragic accidents caused by the publication of facts of suspected crime, the problem caused by the publication of the facts of suspected crime is not easily improved. There may be a number of reasons for this, but the main reasons are that the improvement of the laws and regulations on the publication of facts of suspects may infringe on the public interest, i.e., freedom of speech and the public's right to know, and that due to the structure in which the subject of publication of suspected facts decides whether to publish suspected facts through its own directives and investigates the charges of publication of suspected facts, proper evaluation or control of the publication of suspected facts cannot be carried out. Therefore, the improvement of the laws and regulations on the publication of facts of suspects should be improved in a way that harmonizes the public interest of the freedom of the press and the people's right to know with the personal right of the accused, and the privacy and freedom of privacy, and an effective control means should be prepared to support it. Accordingly, after reviewing the problems of the current laws and regulations on publication of suspected facts and existing discussions on them, this study proposes as ways to improve the following: (i) preparation of procedures for publication of suspected facts at the request of the media in advance; (ii) investigation and indictment by an agency irrelevant to disclosure of facts of suspected crime as an ex post facto remedy; (iii) setting of a deadline for disposition to guarantee the victim's right to file an application for adjudication; and (iv) criminal compensation measures for unlawful publication of suspected facts. I hope that this study will help improve the system of disclosing the accused facts.