디지털 전문증거 진정성립을 위한 디지털 본래증거 수집 방안

Abstract

The selected seizure was emphasized by the supreme court case of the case of ‘Chong Kun Dang’ in 2015. Therefore it made seizure of ‘information storage media’ impossible. It has forced investigators to seize only the files associated with the alleged crime when they seized. This attitude of the court caused investigators’ approach to just a ‘file’ as the unit of the seizure of the digital evidence in actual search and seizure. According to the amended Criminal Procedure Code Article 313, in the case of digital hearsay evidence, although the writer of the evidence denies it, it can be authenticated by objective manners such as digital forensics. However, in the current seizure process of digital evidence, the approach to a ‘file’ as the unit of the seizure, it is difficult to immediately apply the amended criminal procedure law to a case. Digital hearsay evidence should be authenticated by dIgital original evidence related to it. Nevertheless, in former actual search and seizure, digital original evidence was excluded from the subjects of seizure because it was not related to the alleged crime. In consideration of the digital evidence collection, its procedure needs to be improved immediately, but not yet. Therefore, this paper provides a basis for the improvement of digital evidence collection procedure. In this paper, I define the digital original evidence for the authentication of digital hearsay evidence and check out problems that may arise when seizing digital original evidence in accordance with the current practice procedure. Then I propose ‘a Collecting Model for Digital Original Evidence’ that can solve these problems.