디지털 검증의 현재와 그 부당성 — 소위 ‘왕재산’ 사건을 대상으로 —

Abstract

This paper is a product of an empirical analysis of the so-called ‘Wangjaesan’ case that, among the national security law cases, gave rise to the most controversial issues these days. This case will be recorded as the first trial in which a fierce debate has been raged over digital evidence. The author has participated in the hearing as a digital expert for the defense. This paper deals with the issue of digital evidence in three ways as follows:Firstly, the author identifies the general principle on digital evidence that three elements of authenticity, integrity and reliability shall be demonstrated if the admissibility of digital evidence can be established;Secondly, the author performs a detailed but critical examination of the courtroom scene concerning digital evidence, based on the above-mentioned principle; and Finally, he reveals instances of injustice done in this case concerning the inspection of digital evidence: proving the logical and physical authenticity is denied; identifying the integrity is refused, cheated or omitted; and the process and equipments to deal with digital evidence is unreliable. In short, this article successfully shows that these doubtable results have been caused by the unreasonable procedures on forensic examination of digital evidence.