클라우드 컴퓨팅 시대에서 전자적 정보의 증거능력

Abstract

It is possible provide IT service through digitalization of collected electronic information anytime, anywhere. For example, consumer can select and buy products from the cyberspace whenever needed. Transactions from the cyberspace can save economical cost such as time and resource, however, it is difficult for the parties to provide proof for unconscionable contract. Especially, in order for the electronic information to be established as a competence of evidence in the court in the cloud computing environment, the electronic information should be in form in accordance with the method determined by the Civil Proceedings Act. Since the electronic information is not a concrete evidence, party should prove that the electronic information is related to the lawsuit, prove that the evidence was submitted by the opposite party, verify authenticity of electronic information, prove that it is not altered in anyway after the submission of electronic information. This paper provide analysis on the juridical issues on developing e-evidence in the cloud computing age and provide an provide an institutional strategy to capacitate e-evidence to the current Civil Proceedings Act. The detailed issues and logical system dealt with in the paper is as follows. First, general principle of evidence in the Civil Proceedings Act. Second, usage scope of massive electronic information in the lawsuit (object of e-evidence). Third, how long and how the electronic information that are scattered in the cloud computing environment should be stored (preservation of e-evidence). Fourth, how to disclose electronic information for e-evidence in Civil Proceedings Act (improvement of legal system). At last, find method for e-evidence in the cloud computing environment, reason out the limitation of tradition disclosure of evidence, and propose method for disclosure of e-evidence in the cloud computing environment.