사이버 포렌식 법률체계 구축 방안

• 영문명: Establishing Legal System of Cyber Forensics
• 발행기관: 원광대학교 법학연구소
• 저자명: 곽병선(Kwack, Byong-Sun)
• 간행물 정보: 『원광법학』제28권 제2호, 201~226쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.06.30

영문 초록

We have a criminal investigative procedural code that is made and maintained for evidences based on physical attributes. However, we have recognized that evidences in cyber space have different attributes and characteristics than those in physical search and seize procedures. Fortunately, digital evidence accepted as evidence in the amended law that was effective January 1, 2012. However, our society is becoming more ubiquitous again. Therefore, it is not enough to add digital evidence as evidence but also to change the procedural code of search and seizure for digital evidence. A new set of search and seizure procedures should be developed that provides for efficiency investigation while ensuring that privacy rights are protected for the subjects and 3rd parties involved. In this study, we reviewed types of evidence collection in cyberspace and classified them by objective point of view and pitted them against the current law. The research suggested a new proper form of the method of seizure and search for evidences in the cyber environment. Furthermore, it was paramount consider the dual perspective to guarantee human rights. Also, there needs to be a data preservation system, command procedure for seizure, seizure and search system over networks, and collection system of communications for effective investigation. Finally, a regulation is required to ensure cooperation of information and service providers with law enforcement agencies. In establishing a legal system for cyber forensics, there should be a system for cyber criminal investigative procedural code in this ubiquitous era.

목차

Ⅰ. 들어가며

Ⅱ. 사이버 공간에서의 증거수집 유형

Ⅲ. 사이버 공간에서의 증거수집 유형별 수집절차

Ⅳ. 사이버 환경에 적합한 압수ㆍ수색 제도의 보완

Ⅴ. 맺으며

참고문헌

Abstract

키워드

사이버 포렌식 디지털 증거 사이버 공간 압수ㆍ수색 사이버 범죄 Cyber forensics Digital evidence Cyber space Cyber-crime Search and seizure