英文摘要 |
It is becoming a contemporary trend that including monitoring technology equipments in the enforcement processes. Especially the cases of traffic enforcement tend to using automatic speed measurements or sensor cameras, even with the help of monitors. For example, radar speed cameras set on freeways, red-light cameras, or monitoring equipments set on highways, all are means of enforcement for many years. The model of traffic enforcements that depends on monitoring technology equipments has been the reality, then it should be necessary to analyzing the legal controversies involved in the model. For clarifying the controversies, this article is based on the legal status quo of our country, and inspects the Article 10 of the Police Power Exercise Act and the Article 7-2 of the Road Traffic Management and Penalty Act and the limits of the relevant regulations. Next, this article, from the perspective of practices of constitutional interpretation of our country and comparative law, discuss on the controversies of enforcement through monitoring technology equipment that concerning “privacy protection” and “due process” further.
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