사이버 범죄의 증거확보에 관한 몇 가지 입법적 제언 = New legislative suggestions to aquire evidence of Cyber-crime

다국어 초록 (Multilingual Abstract)

I"ve researched about various matters: about what admits a privacy of digital information stored in computer. what maintains conformity with the principle of a writ through letting a seizure search by the writ enable in principle. and what principle indeed modifies in accordance with a various peculiarity which a digital evidence has. That is to say. I thought that is the weight of a interest rule what weighing the interest between disadvantage of person whose a whole computer hardware was seized and necessity of investigating. if the former is bigger than the letter. the seizure is not permitted and that is a rational judgment rule what an investigator"s rational judgment on site is respectable.
In such a dimension.
1) Introduce a submission order system after copying the disk or data in case of finishing the seizure/search of the computer with fewest interference possible.
2) Due to an increasing number of small devices being able to store a large amount of data and due to a connection with customers who are not related crime. regarding the issue of privacies in cases like PD"s server. it should ensure a specific feature of warrant in the alternative way by lightening a specific feature"s requisites of warrant for seizure/search and by mentioning a concrete way to writ.
3) In case of difficulties of confiscation and dangers of destruction of data occurred during the situation. one should seize and transfer the computer to another place to make another copy of the data instead of destroying it immediately at the scene. Then. it should be returned immediately to the scene.
4) When the evidence of more crimes. not related to the seizure. is discovered during the process of examination. one should look for legal and appropriate ways regarding the plain view rule through more investigations.
5) When computers subjected to confiscation and examination. are connected to other computers and their servers through network, one should try amend a rule that allows one to download or copy the data saved in connected computers before confiscation.

목차 (Table of Contents)

• Ⅰ. 문제의 제기
• Ⅱ. 영장주의의 수정원리
• Ⅲ. 압수가능 대상여부
• Ⅳ. 기록복사명령 후 압수제도 신설
• Ⅴ. 영장 기재방법의 새로운 시도
• Ⅵ. 원격조작에 의한 증거수집, 보전
• Ⅶ. 결론
• [Abstract]