경찰의 신체부착형 영상촬영기기 사용에 관한 법적연구 - 경찰작용법상 수권조항 및 기본권 보장적 관점을 중심으로-

Body-worn camera(BWC) by police in South Korea has placed individual officers since 2015 as a pilot operation to prevent both the offense ‘against a police officer’ (obstructing) and the excessive use of force ‘by police’. The adoption of police-worn body cameras may raise concerns on the rights of informational self-determination. The wearing of body cameras by police officers, nevertheless has been implemented on the basis of the internal instruction of Korean Police Agency, which is solely a kind of administrative rules. After examining the definition and purpose of BWC, this study analyses the possibilities whether the existing acts such as ‘act on the performance of duties by police officers’ or ‘act on the protection of personal information’ could provide the legal grounds for the implementation of BWC. While the provisions on the ‘fixed’ video camera systems such as CCTV are prepared in the current acts, no provisions on the ‘moving’ video camera systems can be found. In this regard, this study suggest that the provisions that regulate the use of the devices should be included in the exiting acts. The provisions should be in accordance with the basic requirements settled by the constitutional law and act on the protection of personal information.