수사단계에서의 화상조사방법 활용에 대한 전망 및 과제 = Prospects and Challenges for the Use of Remote Interviews by Video and Audio Link in the Criminal Investigation

다국어 초록 (Multilingual Abstract)

In relation to ‘the digitalization of the criminal justice process’ which has been rapidly progressing lately, the use of remote interviews by video and audio link in the criminal investigation is continuously being discussed. After the COVID-19 pandemic, voices for introducing such a method have become stronger. The Ministry of Justice announced that it would adopt a remote video investigation method starting with investigations to persons other than the suspect in the future, but no specific method or standards were announced.
Considering the trend toward the digitalization of the criminal justice process, the need to prepare for the post-pandemic era, and the current situation in other countries, I believe that it is time to seriously consider how to utilize the remote interview by video and audio link in the criminal investigation, based on the discussion on the advantages and limitations of the video investigation method and the problems to be solved.
However, there are several prerequisites for the active use of the method. In other words, ① technical elements that take identity authentication technology, network connectivity and security as core contents, ② differentiation of the permissible range according to the subject of investigation, ③ differentiation of the permissible range according to the type of crime, ④ guaranteeing the suspect’s right to defend oneself, ⑤ the intention of the person being investigated, ⑥ the degree of untact requests due to emergency situations such as a pandemic, etc.
must be carefully analyzed and considered.
In the end, it seems necessary to establish a step-by-step remote video investigation system that gradually expands the scope of application by introducing a pilot from a relatively safe area when considering the above factors comprehensively.