네트워크 전자통신망 감청 및그에 따른 처분에 관한 연구

Abstract

We have remarkable development in technology, especially in computer science. So we are able to share information through IT network anytime at any places. Development of digital devices gave us so much convenience, but it also brought about new kinds of crimes which have not been foreseeable. It has negative side, like a crime by using computer. Crime in this type usually connected in network, so it's not easy to limited searching bounds, and it's not completely matched warrant requirement. It's one of the difference between material things search and seizure. As the information being sent or received through communication network falls under the category of communications in the Communication Privacy Protection Law. Because searching and seizing about information on network is correspond to monitoring. So we have to obtain a warrant for monitoring communications under the Criminal Procedure Code in order to investigate it. They frequently tend to obtain a comprehensive warrant in the course of getting the warrant for monitoring communications which is less tightly controlled than the warrant for search and seizure under the Criminal Procedure Code by there own character. Futhermore it has some problem like a digital evidence restoration after search and seizure. Searching and seizing about information in fields is not easy to figure it out at that time, so uninvolved information can be searched. Therefore, we need to legislate laws regulating the matters, while promoting the effectiveness of investigation. America also has a special act like us, Wiretap Act and the Pen/Trap Act, so we have to review on this. They are legislated this act for searching and seizing connected on network in several circumstances. Search and seizure on network has differences between not using computer, so we need to have a researching in this field. It's very helpful for investigative agency.