[논문]전자적 정보에 관한 수사상의 문제점

• 영문명: [Article]The Problems on Investigation for Electronic Records
• 발행기관: 한국형사법학회
• 저자명: 이은모(Lee Eun-Mo)
• 간행물 정보: 『형사법연구』형사법연구 제23권, 156~175쪽, 전체 20쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.06.01

영문 초록

Highly efficient computer and internet worldwide has made it possible to communicate by computer network, and our society of today became a network society by that. But the crimes against/through computer or network has grown up day by day due to it, and it has brought about some unavoidable problems in obtaining evidence, especially in search and seizure. The search and seizure of data stored or processed in computer system are the most important means of obtaining evidence in the investigation of computer-related crime cases. But it is problem actually how to obtain these invisible, illegible and intangible electronic records in that procedure. First of all, it is questionable whether pure data or information can be regarded as an object in a sense of criminal procedure law. Because most traditional provisions were created in accordance with tangible property and were not especially designed for intangibles and for the legal demands of computerized information society. And particularly, it is questionable whether comprehensive search and seizure could be allowed or not. Concerning the electronic mail prevails nowadays, it is also important when it become a object of search and seizure. Needless to say, the best way to solve these problems would be proper legislation. Therefore, it is required that law should be amended to cover the specific needs of computer and network based investigations.

목차

Ⅰ. 서언

Ⅱ. 전자적 정보의 압수·수색에 있어서의 문제점

Ⅲ. 전자적 정보에 대한 검증의 문제점

Ⅳ. 전자우편의 검색과 보전에 있어서 문제점

Ⅴ. 결어

[Abstract]