전자영장에 관한 연구 -집행절차를 중심으로

Abstract

Electronic warrants are an inevitable trend and need to be introduced and implemented. However, it is reasonable to introduce an electronic warrant of seizure or of search first, and after reviewing the progress of implementation, introducing an electronic warrant of detention has to be considered. An examination of originality of electronic warrants is necessarily required in respect of the execution of electronic warrants. The file digitally signed by the judge is viewed as the original, but any copy, printout, or other replica intended by the judge issuing the warrant shall have the same effect as the original. In this regard, explicit provisions are necessary. The method of showing electronic warrants can be largely divided into electronic suggestion and printout suggestion, and electronic suggestion is divided into face-to-face suggestion and non-face-to-face suggestion. In the case of non-face-to-face suggestion, there may be procedural problems with the delivery of inventory of property and the guarantee of presence rights. The non-face-to-face suggestion is expected to be used for search and seizure of information such as communication history, account contents, and e-mail. It would be enough for an investigative institution to copy the inventory of property in the form of an electronic file or send it via e-mail, immediately after taking over the information. In this case, however, proper measures are needed to substantially guarantee the right of parties to present.