공공장소에 설치된 방범감시카메라의 법적 한계 = The Legal Limit of Crime Prevention CCTV at Public Space

다국어 초록 (Multilingual Abstract)

Recently, CCTV introduced in police activity for promoting the crime prevention has been pointed out on account of high possibility of infringement of human rights, being grafted with technique of computer. In this paper, I have checked problem through legal consideration for using the CCTV in police activity, at the same time I would build up the legal understanding about the whole police activity not causing compulsion but causing limit of rights.
Firstly, as the general meaning about CCTV, I explained the basic terms and functions executed by the digital system, and limited bounds of study on CCTV for prevention through analysis about each kind of the establishment. After that, I briefly introduce the effect of crime prevention of CCTV reported at dimension of criminology, the present situation of establishment, public opinion in main advanced nations and pros and cons about CCTV in domestic.
Secondly, about people’s rights related with establishment and operation of CCTV, I referred the constitutional meaning of those, guaranteed contents, the outline of foreign legislation, relation with CCTV in order of ‘Right of Pursuit of Happiness', 'Right of Privacy’, ‘Right of Portrait’, ‘Information Privacy’, ‘Right of Freedom of Action’.
Thirdly, I analyzed existing debates surrounding infringement of fundamental rights from establishment and operation of CCTV, and studied legal character of photographing by CCTV, legal ground according to each purpose of CCTV.
Namely, the opinion that establishment and operation of CCTV is violation of constitution by itself doesn’t distinguish the risk of infringement from the infringement that becomes the object of relief by constitutional judgment. And about the opinion of accord with constitution explaining that there is collision of fundamental rights, one is ‘Right of Security from crime’ of residents, the other is ‘Information Privacy’ of passengers and there can be practical concord, I made clear that the problem don’t occur between the private individuals but occur between nation and the subject of human rights if the authority of police intervene. At that time, limit of fundamental rights of passengers without reservation of law can not be accord with constitution from the original attribute of fundamental rights aiming to protect people from nation. On the other hand, opinion of lawfulness based on affirmation theory about ‘Genealklausel’(von Deutsch) is not argued and can not be! admitted, because CCTV established against abstract risk, not against concrete risk, don’t fill up the condition that the saidclause is put in action.
At this point, I changed this consideration according to each concrete purpose of photographing. Consequently the photographing to discern current lawbreaker out of safeguard scope of fundamental rights needs not special legal ground because the attribute of photographing is not compulsory. And at photographing to prevent concrete risk, individual discernment or limit of freedom of action can be performed according to competence to prevent risk or to restrain crime grounded on ‘Act on the Performance of Duties by Police officers’. But at normal time when CCTV is operated to prevent abstract risk, I put an end at the debates about legal ground, technical restrict to intercept discernment of individual must be observed not to be unconstitutional, because we could not find any ground on current statute to limit fundamental rights. Lastly, for the working of CCTV in hereafter to prevent abstract risk, we have to limit the individual discernment technically on account of absence of legal ground and make ‘the Guideline’ to observe each principal related with protection of individual information. I also suggested necessity of law-making and contents of that law to prevent the infringement of fundamental rights by CCTV, making concord to limit the fundamental rights for public good. That law controls the infringement of rights by private CCTV. In conclusion, I stressed that the studies like this must be not only for guarantee of fundamental rights, but also for making benefits of every social members by supporting the police to cope with new phenomenon in policing with a proper measure of activity timely.

목차 (Table of Contents)

• Ⅰ. 서설
• Ⅱ . 방범감시카메라의 성능과 범죄예방효과성
• Ⅲ . 외국의 방범감시카메라 설치 현황과 법적 근거
• Ⅳ . 관련기본권에 대한 고찰
• Ⅴ . 합헌성·합법성 논쟁과 이에 대한 고찰
• Ⅵ . 감시카메라에대한 촬영목적별 논의
• Ⅶ . 가이드라인 제정 및 관련입법의 필요성
• Ⅷ . 결론