전자(디지털)정보의 법정 증거 제출・현출 방안

Abstract

In recent years, there is no need to mention the importance of digital evidence in identifying and confirming such facts that much of the evidence presented in criminal court is digital evidence. If so, our legal system can not help but ask whether the system is in conformity with the digital evidence, and whether the people who operate the system have understood the characteristics of the digital evidence. First of all, under the current legal system, digital evidence must meet the following requirements in order to obtain admissibility of evidence. First, in order to submit digital information to the court and be recognized as digital evidence, the collected digital information should be collected according to the legal procedures prescribed by our law. Second, it must be proven that the digital evidence submitted to the court has not been altered or falsified until it has been submitted to the court and proved any fact. Third, if digital evidence represents another person's statement, that would be hearsay evidence, and digital evidence may also be an exceptions to the hearsay rule. In this paper, first, we present the case of digital evidence and judge whether the above three criteria are met. In addition, I would like to examine various measures to overcome the problems that arise during this process.