디지털 증거의 압수ㆍ수색에 관한 입법론적 연구

• 영문명: A Legislative Study on the Searching and Seizing of Digital Evidence
• 발행기관: 원광대학교 법학연구소
• 저자명: 권양섭(Kwon, YangSub)
• 간행물 정보: 『원광법학』제26권 제1호, 345~372쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.03.30

영문 초록

The changes in the legal system of criminal procedure laws based on the material objects are being demanded with the result of new criminal phenomenon in digital environment which had not been anticipated previously. However, still the current code of criminal procedure only anticipates the physical evidence with the limitations of current laws to bring in the digital evidence. As the amendments to the code of criminal procedure for the collection of digital evidence, this study suggests following 7 items. First, the digital information is to be stipulated as the subject of confiscation and search. Second, the provision for confiscation after copying, printing and transferring is to be newly created. Third, in the case of submitting the copy of digital evidence, a clear legal ground to acknowledge its originality is necessary. Fourth, the provision for the request to preserve data is to be newly created. Fifth, the provision for the confiscation after the record order is to be newly created. Sixth, the provision related to the collection of evidence through a network is to be newly created. Finally, the provision for the ground to collect evidence on the communication processing data is to be newly created.

목차

Ⅰ. 들어가며

Ⅱ. 디지털 증거의 특징과 주요쟁점

Ⅲ. 디지털 증거의 특징별 문제점과 입법론적 해결방안

Ⅳ. 마치며

참고문헌

Abstract

키워드

디지털 증거 디지털 정보 압수ㆍ수색 전자적 증거 증거수집 Digital evidence Search and seizure Digital data Electronic evidence Collecting evidence