형실효법상 수사경력자료의 관리에 관한 문제점 및 개선방안

The Problem and Improvement of Management of Materials of Investigation Records on the Act on the Lapse of Criminal sentences

Materials of Investigation Cards is the table fingerprinted suspect’s, and listed the charge and the personal information suspect’s, and managed by The National police Agency. Materials of Investigation Cards is listed Fingerprints taken from the suspect, the suspect’s personal information, charge, booked office, booked date, and disposition, resulting sentence, such as results of the investigation or a criminal record for career information. The Previous Criminal Records on the suspect and accused there would be through this data. In this sense, Material of Investigation Cards from the perspective of the judicial agency would be a reference for the investigation, but from the perspective of suspects booked with career for investigation agency or punishment with career. In general, when a suspect is booked for investigation agency, with certain limited exceptions, to be listed of Materials of Investigation Cards is compiled by investigation agency. This will be existed as Materials of Criminal Records Or will be Materials of Investigation Records and will be deleted after a period. This form of management on Materials of Investigation Cards means to move on as an ex-convict. However, in the investigation stage of the prosecution suspended non-institution of prosecution or sentenced judgement of not guilty from the court cases are many. Nevertheless, on the its contents without specific charges have been separated by an ex-convict clearly unreasonable simply because booked. This is equivalent to constitutional rights violations. According to the Act as amended in 2005, after a certain period of time automatically delete Materials of Investigation Records on Materials of Investigation Cards. This is an ex-convict’s own return to normal society seems to be revised to ensure. However, the law stipulates that look into detail at the contents of the original legislative intent and found that there is a considerable distance. In other words, this law preserve non-institution of prosecution, dismissals prosecution, judgement, ruling, judgement to dismiss, not guilty etc. in accordance with statutory 5 years and 10 years. Thus Materials of in managing defined by segmenting it seemed to consider a convenience for business of judicial agency rather than to consider the human rights. In addition to, the use of Materials of Investigation Cards, the legislative purpose for the first time outside the public peace, order, etc. in order to keep up, if necessary, there is increasing its range of utilization. The original legislative intent of the legislation to achieve becomes administrative purposes even if it would enlarge the scope of that. With this the Act on the Lapse of Criminal sentences to receive a criminal record devoted to the production of tools and furthermore, due to the disclosure of criminal records on human rights of people accused of serious violations resulting in are being imposed. The presence of these materials, the individual’s own personality to be significant restrictions on freedom of expression, as well as its use of judicial agencies of personal information is a violation of self determination. Therefore, this study would be discuss he Act on the Lapse of Criminal sentences in Materials of Investigation Records on Materials of Investigation Cards in the light of the nature of criminal proceedings or constitutional rights. Furthermore, national human rights relevant to the plan presented today, and ultimately will contribute to ensuring the rights of its citizens. For this purpose, Materials of Investigation Cards in general and then I take the way non-institution of prosecution and judgement of innocence, such as materials, each thinking that by considering the problems and how to improve.