개인 스마트폰에 대한 행정조사의 문제점과 입법론적 대안

Smartphones are commonly referred as small computers as large amounts of data can be stored in the devices. An investigation into a smartphone needs to balance the need of efficient evidence gathering and protection of privacy rights.Recently, administrative agencies have carried out inspections against high-level government officials and demanded that officials turn in their smartphones. Administrative agencies maintain that there are no legal problems as officials voluntarily submitted smartphones for inspection. However there are voices that argue such investigation of smartphones infringe the procedural rights of the officials.Abusing powers of investigation can open the door to a surveillance society. The Supreme Court of the United States has rendered rulings curtailing such investigations. Similarly, criticisms toward the overlapping, excessive investigation have increased among the Korean people.If the results of an administrative investigation can be used to impose criminal sanctions, legislative measures should be adopted to ensure the procedural rights of the person being investigated. Especially in investigating electronic data of smartphones, basic principles of the inspection should be clearly stated, the process of gathering, analyzing, managing data and providing the results of the inspection to other agencies should be specifically stipulated.