A Review on the Meaning of DIGITAL EVIDENCE and Its Requirements

Abstract

Due process, discovery of substantive truth, and the timeliness and efficiency of the procedures are the values of criminal litigation are still valid principles in the age of digital information. However, the way to implement these principles according to the properties of digital evidence remains as a challenge, and the field of digital evidence requires close cooperation between legal and technical sectors. In particular, the level of production and distribution of digital technology and digital devices in Korea has maintained the highest level in the world. Nonetheless, it is a reality that if the defendant denies the crucial digital evidence obtained in accordance with the due process by a court issued by the judiciary in the trial process, the evidence is denied. As a result, most defendants do not recognize evidence as a counter-party to the state during the criminal trial for digital evidence that is directly or indirectly related to the assertion of the criminal's own crime, Discussion is needed. In addition, even in the case of a recent series of events related to national security, the general law of criminal justice is applied to digital evidence as it is, so it is necessary to examine the exceptional rules for applying the special law on serious infringement of legal interests. In addition, the criminal evidence law for the serious crimes that occur in the digital information age is also implemented professionally and covertly. Therefore, the legislation that appropriately reflects the current situation and environment of digital information is necessary.