Activation of Undercover Investigations for Digital Sex Crimes... Police Adopt Two-Track Strategy with Legislation and Guidelines

National Police Agency, Forming TF for Discussions

On the 25th, the Digital Sex Crime Special Investigation Headquarters plaque ceremony was held at the Seoul Seodaemun-gu Police Agency North Building. / Photo by Moon Honam munonam@

[Asia Economy Reporter Lee Gwan-joo] The police have established a 'two-track' strategy to create guidelines and legal grounds for revitalizing undercover investigations. If legal grounds related to undercover investigations are established, it is expected that the police will be able to conduct more proactive investigations into digital sex crimes. Previously, last month’s government-wide 'Digital Sex Crime Eradication Measures' also included the activation of undercover investigations.

A police official said on the 7th, "We have formed a task force (TF) within the Cyber Investigation Division of the National Police Agency to study the preparation of investigation guidelines," adding, "Legislation is being pursued separately, and we are simultaneously working on turning the current methods into guidelines."

Undercover investigations have so far been permitted only within a limited scope. According to Supreme Court precedents, 'opportunity-providing' investigations, which catch criminals by offering crime opportunities to those with criminal intent, are lawful, but 'inducement-type' investigations, which provoke crimes from people who have no intention to commit them, are considered illegal. Therefore, investigative practitioners have pointed out limitations in actually applying undercover investigation techniques. There is a risk that even if a criminal is caught, the evidence may not be recognized in court, or the investigator may be accused of illegal acts.

Regarding this, a police official emphasized, "We are trying to establish legal grounds for the currently permitted limits of undercover investigations," adding, "If procedures for conducting undercover investigations are established by law, frontline officers will be able to work confidently with legal grounds."

Additionally, the police TF includes investigators with actual undercover investigation experience and professors from the Police Training Institute with expertise, who are directly participating in discussions on the guideline composition. They are also actively referencing overseas cases such as those of the U.S. Federal Bureau of Investigation (FBI). A police official said, "Since the ripple effects according to the regulations are significant, we are approaching this very cautiously."

This content was produced with the assistance of AI translation services.