일본에서의 위치정보 수사를 둘러싼 논의와 그 시사점 = Discussion and Implications of Location Information Investigation in Japan

다국어 초록 (Multilingual Abstract)

Because location information such as GPS information is very accurate, this information is actively used not only to prove criminal charges but also to arrest criminals. In particular, in order to arrest voice phishing criminals, a technology for accurately detecting ‘SIMBOX’ information has been developed. However, behind the efficiency and convenience of the investigation, problems such as infringement of privacy rights or abuse of investigative rights due to location information are lurking, so it is inevitable how to derive the balance between the two. In Japan, as the Supreme Court recently pointed out the illegality of the GPS investigation, discussions on location information investigation and control are actively underway. Such discussions in Japan can provide important implications in Korea. In particular, Japan’s Supreme Court's ruling, which emphasized the need for a fundamental solution rather than a temporary solution, poses a task for us to revise the Protection of Communications Secrets Act more precisely.