정보기술의 발전과 ‘자유와 안전’ -사회이론적 및 규범이론적 관점-

Abstract

This article reviews the traditional theme of ‘freedom and security’ in terms of the criminal justice system undergoing a great transformation. It attempts to focus on how the dramatic development of information technology (IT) and the criminal justice system has interrelated so far, and reflect on what the combination, in turn, has caused on the connection between freedom and security. To accomplish this, this paper starts by identifying the overall problems involved in the developing IT and the changing criminal justice. And we move on to analyzing the implications of IT and its capacity for protecting individual freedoms. We bring a constitutional perspective here as well. Subsequently, we describe the sociological meaning of ‘security’, or the Soziologie der Sicherheit, for such transformations has been carried out under the banner of security. Based on this, we investigate the relationship between freedom and security in the light of constitutional theory, from which our topic has originally come. This article finally explores the possible balance and imbalance between freedom and security, which is also considered as part of a legal order.