형사절차상 인공지능기반 전자감시의 통제

Abstract

This study examines the necessity and direction of legal control and human rights protection as electronic surveillance tools in criminal proceedings are expanded based on artificial intelligence technology from a policy and institutional perspective. In particular, the need for control and the search for ways to realize the enhancement of the quality of surveillance contents due to the technological advancement of electronic surveillance techniques should be newly emphasized. The need for criminal procedure control comes from the rule of law, and the direction of control should be to ensure the human rights of citizens. Legal control, including criminal law, should include the improvement of existing relevant legal systems and legislative policies to respond to new problems. As the current electronic surveillance system evolves into an expanded combination of location-tracking electronic devices and fixed video information processing devices (CCTV) as tools for electronic surveillance, the enhanced electronic surveillance system based on artificial intelligence technology will inevitably result in the challenge of reasonable and effective legal and institutional control. The expansion of electronic surveillance tools in criminal proceedings based on A.I. technology should not only reevaluate its effectiveness but also review its legitimacy, as the effectiveness of A.I. technology is overestimated while its risks are underestimated, and it is rapidly being introduced into reality. The urgency is evident in the fact that the expansion of electronic surveillance has not been met with the same level of prudence that has been exercised in the past in relation to drug, sexual violence, and terrorism offenses, as fantasies and expectations of advanced technology can undermine the boundaries of human rights in criminal justice more than fears of crime or the need for safety.