정보저장매체 압수·수색절차 참여권자의 범위에 대한 연구 - 대법원 2023. 9. 18. 선고 2022도7453 전원합의체 판결을 중심으로 -

초록

The Supreme Court ruled in a unanimous decision of 18 September 2023, 2022 No. 7453, that if a person who concealed evidence voluntarily submits an information storage medium owned and managed by the person who ordered the concealment of evidence to an investigative agency from the position of a suspect, there is no offense if the person who concealed the evidence guarantees the right to participate. The investigative agency does not give the owner of the information storage medium and the person who ordered the concealment of evidence the opportunity to participate. Even if the voluntarily submitted information storage medium was originally owned and managed by the person who ordered the concealment of evidence and contained personal information about his family, it was the person who submitted the information storage medium as the person who concealed the evidence, not the owner of the information storage medium, who should be guaranteed the right to participate in the search, copying, and printing process. According to the This Judgment, it is not easy for investigative agencies to determine the scope of the right to participate in the seizure and search of information storage media. Currently, there is no specific provision of the Code of Criminal Procedure relating to the seizure and search of information storage media. In this situation, the Supreme Court’s vague concept of ‘actual seized person’ as a participant in the seizure and search process has made it difficult for investigative agencies to determine who should be involved in the seizure and search of information storage media. One of the most significant implications of the Target Judgment is that the analog-era Criminal Procedure Code must be amended now.

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