디지털 증거의 압수ㆍ수색에 관한 입법론적 연구

A Legislative Study on the Searching and Seizing of Digital Evidence

The changes in the legal system of criminal procedure laws based on the material objects are being demanded with the result of new criminal phenomenon in digital environment which had not been anticipated previously. However, still the current code of criminal procedure only anticipates the physical evidence with the limitations of current laws to bring in the digital evidence. As the amendments to the code of criminal procedure for the collection of digital evidence, this study suggests following 7 items. First, the digital information is to be stipulated as the subject of confiscation and search. Second, the provision for confiscation after copying, printing and transferring is to be newly created. Third, in the case of submitting the copy of digital evidence, a clear legal ground to acknowledge its originality is necessary. Fourth, the provision for the request to preserve data is to be newly created. Fifth, the provision for the confiscation after the record order is to be newly created. Sixth, the provision related to the collection of evidence through a network is to be newly created. Finally, the provision for the ground to collect evidence on the communication processing data is to be newly created.