마약류 범죄 대상 위장수사 도입에 관한 고찰

Abstract

In recent years, Korea has become not just a transit point for drugs, but a supply source that presupposes the consumption of drugs, and the number of drug users has also increased rapidly as the use of virtual assets on SNS and non-face-to-face methods of delivery have become routine. In order to eradicate drug crimes, it is necessary to conduct undercover investigations rather than traditional investigations.
 While undercover investigations are already allowed by the law for digital sex crimes against children and juveniles, we examined how to institutionalize undercover investigations for drug crimes in Korea by referring to foreign countries such as the United Kingdom and Germany, where undercover investigations are widely recognized for organized crime, bribery, and other crimes.
 First of all, it is desirable to stipulate the undercover investigation of drug crimes in the law, but in the medium to long term, it is desirable to expand the target crimes and stipulate the requirements uniformly in the Criminal Procedure Act. In addition, immunity should be stipulated and practically applied for identity disguise acts in the course of undercover investigations to support investigators' aggressive investigation activities. On the other hand, considering the fact that information and communication networks are being utilized as a playground for drug crimes, it is necessary to separately define the area of concealed identity investigation, including searches of information and communication networks. However, considering the possibility of human rights violations, the scope of application should be prioritized to organized drug distribution, and appropriate control measures should be put in place, such as specifying the time limit for investigation and the approval of the head of the senior investigation department.