과학기술의 발전에 따른 형사절차상 변화와 헌법적 쟁점

Abstract

The development of science and technology has a wide range of impacts on the criminal procedure. First, once it is acknowledged that there is a lack of penalty regulations to the violation of legal right and interest using advanced technologies, a need to establish newly or improve the existing elements of a crime arises. Also, where there are penalty regulations but the existing investigation and trial method have a limitation in properly responding to the crimes of such kind, an attempt to adopt a new policy is sought on occasions. In addition, while science and technology are used to improve the efficiency of investigation or trial sometimes, the problem of the violation of basic human rights is often noticed in the course of discussion. With this background in mind, this paper examined the changes in the criminal procedure due to the development of science and technology and the constitutional issues related thereto. First, this paper looked into the impacts of science and technology on the criminal procedure, and then investigated the types of changes that are required in the criminal procedures with the commercialization of the advanced technologies, such as encryption and data anonymizationas well as autonomous driving technology. Furthermore, it explored the constitutional issues raised in the course of adopting advanced technologies such as artificial intelligence(AI), drone, robotics, internet of things(IoT), and extended realities(XR) in the criminal procedure.