A study on exposure of criminal suspects’ profiles in light of administrative law

｢Act on the Exposure of Suspects’ or Defendants’ Profiles in Certain Serious Crimes｣ has been introduced in consideration of legislative policy decisions that regard minimal infringement of rights as inevitable for legitimate aim for public interests by establishing general regulatory standards of exposing profiles. Rather than adopting a criminal policy-based legislative approach, this paper develops interpretive perspectives in light of administrative law upon the provisions enshrined in the Act. It narrows the analysis to three core legal issues within the framework of administrative litigation: First, exposure decision may be categorized as either command-type administrative act requiring compliance or quasi-legal confirmation act. However, from a logical standpoint, it is more persuasive to interpret exposure decision as confirmation act that triggers legal effects pursuant to statutory grounds. Second, exposure execution constitutes a de facto act involving personal data processing. Due to its coercive and ongoing punitive implications, it can be understood as authoritative operation, thereby qualifying as an administrative disposition under administrative litigation legislation system. And interpretation of exposure decision itself as confirmation act offers coherent explanation regarding standing requirements by aligning with precedents that interpret public notices related to harmful media for youth as administrative dispositions. Third, regarding procedural requirements for adjudicating on the legal interests as the eligibility of plaintiffs may vary depending on individual circumstances. However these conditions required for administrative appeals should not be denied in all cases. As for defendant eligibility, this thesis concludes that it lies with institutional administrative agencies, specifically the heads of local prosecutor offices and metropolitan police agencies.