범죄보도에서 알 권리와 인격권의 조화 — 수사공보규정에 대한 비판적 분석을 중심으로 —

초록

This study seeks the harmony of the right to know and the personal rights in crime news from a legal and institutional perspective. To this end, it critically analyzed the regulations on revealing information about cases under investigation established and implemented by each investigative agency. The analysis resulted in the following problems. First, Even though the Criminal Law, a high-ranking law, prohibits the disclosure of the facts of the suspect without any particular reason for the sculpture of illegality, there were legal contradictions, such as the regulations on revealing information having exceptional reasons for disclosure. Second, the environmental monitoring function of the media was not considered in exceptional disclosure requirements. Third, problems emerged that restricted information sources and did not allow individual coverage. Fourth, there was no transparency and fairness in the decision to disclose the facts of the suspect. As a way to improve these problems, we would like to make the following suggestions. First, it is urgent to overcome legal and formal contradictions by revising the criminal law, such as the establishment of a reason for the illegality and sculpture of the crime of disclosing the facts of the suspect. Second, consistent integration of investigative public information regulations scattered in each investigative agency is needed. Third, in the course of institutional improvement in the future, investigative agency-centeredness must be overcome. Finally, it proposes the formation of a joint committee involving investigative agencies, legal circles, media and academia as an organization to deliberate on whether to disclose the facts of the suspect and discuss ways to improve the system.

키워드