산업보안조사에 있어 디지털포렌식 조사의 임의성에 관한 연구

Abstract

Damage to national security as well as economic loss has increased due to outflow of national core technology and industrial technology. Thus, it is necessary to immediately understand the outflow range at the industrial sites or to investigate industrial security such as preventing technology outflow and restoring them to original state. The industrial security investigation differs from the criminal investigation. Industrial security investigation is an arbitrary administrative investigation, on the other hands, criminal investigation is enforced with compulsion legal disposition by warrant. For this reason, there is a limitation that investigators enforce the investigation through voluntary submission of data by target with voluntary agreement. Especially, it is essential to investigate digital devices such as PC, server, laptop, and external hard drive due to the property of industrial site, however, digital devices and storage medias contain the various and massive digital information such as corporate secret, personal information, and sensitive information. It leads to limitation of method of investigation. Furthermore, there are some differences of range and method of investigation between industrial security investigation and criminal investigation because the industrial security investigation is not enforced by a court-issued warrant as in the criminal investigation. In other words, most industrial security investigations are enforced with a form of voluntary investigation because it is a method of administrative investigations. Consequently, research on how method of voluntary digital forensic investigation in the industrial securityinvestigation should be enforced is needed. The court judges voluntariness based on whether the investigative agency guarantees the defendant’s rights. Therefore, this study focuses onhow investigative agency guarantees the procedural rights to defendants in the process of digital forensic investigation in order to secure the voluntariness.