불기소처분 사건기록 중 ‘비공개대상 개인정보’의 범위에 관한 연구

초록

In principle, the investigation records kept by the Prosecutors Office should be actively disclosed by the Information Disclosure Act. However, in the case of a suspect in a case of non-prosecution, the principle of presumption of innocence needs to be strictly observed, and this should be reflected in the disclosure procedure of the case record of non-prosecution. In particular, the criminal case record contains a lot of personal information that may invade the privacy of the suspect. Therefore, the scope of disclosure should not be extended too much just because the state agency keeps the record of the investigation or because it is necessary for the remedy of the complainant s rights. Therefore, the procedure for disclosing criminal case records that have been dispositioned without prosecution should be prescribed in the Criminal Procedure Act. At this time, the principle of presumption of innocence, protection of personal information, protection of privacy rights, and principles of information disclosure by public institutions should be considered comprehensively. Also, a procedure to confirm the consent of the information subject is necessary in the procedure for reading and registering. Besides, the scope of disclosure and disclosure method must be differently determined according to the storage type and nature of information such as documents or video recordings. And the information provided needs to limit the purpose of use.

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