임의제출 디지털 증거의 절차적 하자 치유방안

Abstract

Due to the continuous increase in cybercrime caused by the dailyization of individual electronic information handling, the number of cases in which private persons arbitrarily submit digital evidence to investigative agencies is steadily increasing, and the number of cases in which digital evidence collected without observing due process is also increasing. In the case of investigative agencies, evidence collected without going through due process cannot be used as evidence, but in the case of private persons, there is no explicit regulation on whether to comply with the principle of due process under the criminal procedure law so it is dependent on the judgment of the court. Therefore, in this study, by analyzing the precedents related to the judgment of the admissibility of evidence of illegal collection by private persons, the standard for determining the admissibility of evidence judged by the court is specified, and procedural defects are discovered and Suggested ways to heal. Until now, digital evidence collection has focused on compliance with due process by investigative agencies, ensuring the human rights of the suspect or the accused. In the future, as compliance with due process for human rights protection is expected to be important not only for investigative agencies but also for digital evidence collected and submitted by private persons, it is expected that this study will become a basis for establishing related laws and procedures.