디지털 증거의 체계적인 무결성 확보방안- 왕재산 사건을 중심으로 -

Abstract

In recent years, our society is shifting toward an information-intensive society,therefore, our way of life is turning into digital-life from analogue-life as well. This transformation is also occurring in criminal proceedings that the digitalevidence is being more widely used in court than the analogue evidence. But ourlaws, the criminal system and the technology for digital forensics are not keeping upwith the new trend yet. Under these circumstances, the ‘Wangjaesan-case’shows usa lot of things connected to digital evidence, because digital evidence was veryimportant to the judgment. So, in this article, the arguments in the judgment wereconsidered and focused on integrity of digital evidenceThe theme of integrity in digital evidence is being debated hotly in the criminalprocedure law as seen in the Wangjaesan-case. Therefore, after conducting thisstudy on the theme in this article, I suggested the four main factors for ensuringintegrity of digital evidence – support of technology for digital forensics, the strengthening of capabilities of investigation agencies, the development of ourjudicial system for digital evidence and the legislation for digital evidence. First,investigation agencies should put consistent effort into developing technologies fordigital forensics, because digital technology progresses consistently. Second, theyshould adapt themselves to new digital circumstances. Thirds, the court, theprosecution and the defense counsel should have a better understanding of digitalevidence in their own perspective and horizons. Many scholars have suggested thesimilar things for long, but have not realized satisfactorily. Consequently, the digitalevidence system should be established as soon as possible, to resolve problemsassociated with digital evidence in criminal proceedings.