역외 디지털정보 원격 압수･수색의 주요 쟁점과 수사절차 제언

Abstract

In this paper, after defining the concept of Extra-territorial Search and Seizure of Digital Information, we investigated legislative cases and precedents related to Extra-territorial Search and Seizure of Digital Information. Major issues were analyzed through legislative cases and precedents. In addition, investigation procedures for Extra-territorial Search and Seizure of Digital Information were presented. Our Supreme Court judged that Extra-territorial Search and Seizure of Digital Information was an acceptable method of seizure under the Criminal Procedure Act in the SINA.COM e-mail seizure case. Extra-territorial Search and Seizure of Digital Information refers to the issue of the search location in Articles 109 and 114 of the Criminal Procedure Act, the issue of the participation of the person in charge of Article 123, the issue of the subject of the warrant for seizure and search in Article 118, and Article 129 issuance of a list of seizure. There are legal issues such as the subject matter. As the Supreme Court recognizes the legality of Extra-territorial Search and Seizure of Digital Information, it is expected that Extra-territorial Search and Seizure of Digital Information will be actively used in investigation practice. There are also issues of due process, but at a minimum, measures should be taken to ensure the authenticity of the evidence. In order to secure the authenticity of digital evidence collected through Extra-territorial Search and Seizure of Digital Information, the following measures should be prepared. The digital forensic professional witness system should be operated by an objective and neutral digital forensic professional institution. In selecting a third place for Extra-territorial Search and Seizure of Digital Information, the legislative purpose of Article 123 of the Criminal Procedure Act should be reflected as much as possible. Choose a professional and neutral place. In addition, prior to seizure and search, the network environment of the seizure and search site must be checked. Digital forensic tools should also use proven tools.