고소인에 대한 수사상 제출명령 제도에 관한 연구

In practice, the term “cooperative seizure and search” is frequently used. Cooperative seizure and search is a form of seizure and search in which the confiscated party actively cooperates with the execution of seizure and search by investigative agencies such as the police, and is usually expressed in the process of a property investigation of a person unrelated to the suspect. Considering that seizure and search are usually a compulsory disposition that strongly restricts the basic rights of the person to be seized, cooperative seizure and search seem to have no problem in that they can minimize restrictions on basic rights that occur in the execution stage. However, the story of a cooperative search and seizure is different in the form of a formal use of a search and seizure, which is a compulsory disposition, to avoid punishment for submission of materials, such as a violation of the Personal Information Protection Act, even though the Complainant actively wishes to submit materials. Not only is it inefficient in investigation, but it is also because the recovery of the victim's rights is limited due to the delay in investigation and the decline in investigation power. Nevertheless, the reason for such a form of cooperative seizure and search is that the Personal Information Protection Act does not allow voluntary submission of data containing personal information, and the submission order system stipulated in the Criminal Procedure Act is not recognized at the investigation stage. Therefore, this study reviewed the restrictions of the Personal Information Protection Act and the Criminal Procedure Act, which are the causes of cooperative seizure and search against the complainant, and the resulting problems, and proposed a submission order system for the complainant as an improvement measure. I hope this study will help improve the investigation process for complaints, even if it is weak.