Direction for the Introduction of the Online Search System

This article is about online search system, which has been receiving increasing attention recently in the current reality where rapid and accurate acquisition of digital information is becoming the key in criminal investigation. There can be no disagreement that various legal and institutional devices are necessary for efficient acquisition and management of digital information in future criminal procedures, but online search has a risk of infringement of fundamental rights in a wide range and intensity, so in order to fully introduce it, it is necessary to strictly limit the legal requirements including the scope of permission. In order to seek the direction of introduction of this online search system in its own way, we looked at the meaning of the online search system and the necessity of its introduction (Ⅱ), the legislative status of Germany, which has already introduced the online search system (Ⅲ), and the direction for introducing the online search system in Korea's criminal procedures in the future (Ⅳ). In conclusion, the online search system has the potential for a wide range of violations of fundamental rights compared to other similar investigative methods, so it is necessary to approach its introduction cautiously. However, it is clear that the recent pattern of crimes is deeply hidden in online spaces, so it has reached a point where it is necessary to consider online searches as a special measure. In particular, it is seen that the difficulty of collecting evidence due to the characteristics of online spaces provides a certain degree of legitimacy for introducing it, despite the high possibility of violations of fundamental rights due to online searches. In order to minimize the possibility of violations of fundamental rights due to the introduction of online searches, it is suggested to refer to the matters reviewed during the introduction of the online search system in Germany and the substantive and procedural requirements of the online search system introduced in the current German criminal procedure law. Accordingly, as a prerequisite for introducing online search, it was pointed out that efforts should be made to clarify the scope of the concept of online search, limit the crimes subject to online search to sexual violence against children and adolescents in online spaces, and strictly establish the requirements for allowing online search in terms of substance and procedure. In addition, it was emphasized that it is necessary to establish a third independent organization in charge of selecting, storing, and managing collected data as a safety device to minimize privacy infringement due to online search.