Review of the procedural duties of special judicial police officers and the legality of video surveillance at crime scenes: Focusing on the commentary of the Supreme Court August 12, 2021 sentence 2021Do10763 ruling

Unlike ordinary judicial police officers, special judicial police officers have the dual status of being enforcement officers for administrative criminal law violations and special judicial police officers for criminal proceedings, and it is a peculiarity that whether an investigation falls under administrative or criminal proceedings depends on the specific case at the time of initiation of the investigation, and the applicable law at each stage. Therefore, the applicable law and procedural obligations may vary depending on the nature of each specific act, and the special investigative police officer should fully consider this when making a judgment on the admissibility of evidence collected by the special investigative police officer. In addition, our precedents have recognized the legality of video recording by investigative agencies as a method of evidence collection at the scene of a crime, emphasizing that it is a substantial method of recording in a public place, and the subject judgment ruled to the same effect. In the reality that there is a growing need to regulate the verification behavior of investigative agencies according to the new compromise theory beyond the conflict between arbitrary and compulsory investigation theories, the point of precedent is extremely appropriate.