전자정보의 압수․수색 절차 개선방안 연구- 국가안보사건을 중심으로 -

Abstract

As the electronic information is being regarded to be more and more important in the process of criminal investigation, we can find that national security breach cases are affecting korean judicial system to produce new supreme court cases about the search and seizure against the digital media and to create new article in Criminal Procedure Act(Clause 106, Article 3) afterwards, following through “Daegu Council Enemy Beneficiary Group” case, “Il-Sim-Hoe Spy Group” case and “The declaration of Korean Teachers and Educational Workers Union” case. In the recent “Wang-Jae-San” criminal investigation case, investigators found the cyber commandment report from North Korea and the process and techniques of digital evidence collection including electronic evidence manipulation issue, has been brought out to be hot debating topic in Korea. Thereafter law enforcement offices including national security police and national security institution should provide necessary measurements to assure defense right of the accused and to ensure justice and confidentiality in each process of seeking and performing the search and seizure warrant, and analyzing the result of the warrant through appropriate allocation of digital investigation experts and introducing external digital forensics experts participation system. They also need to analyze the digital evidence throughly with the digital forensics experts perspective by confiscating the original digital media against anti-forensic activities.