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http://dx.doi.org/10.9708/jksci.2017.22.02.133

A study on procedures of search and seize in digital data  

Kim, Woon Go (Dept. of Maritime Police, Chosun College of Science & Technology)
Abstract
Today, the activities of individuals and corporations are dependent not only on digital technology but also on the future of society, which is referred to as the fourth industrial revolution. Since the traces that arise from the crimes that occur in the digital society are also inevitably developed into a society that should be found in the digital, the judicial dependence of judging by the digital evidence is inevitably increased in the criminal procedure. On the other hand, considering the fact that many users are using virtual shared computing resources of service providers considering the fact that they are being converted into a cloud computing environment system, searching for evidence in cloud computing resources is not related to crime. The possibility of infringing on the basic rights of the criminal procedure is increased, so that the ability of evidence of digital data which can be used in the criminal procedure is limited. Therefore, considering these two aspects of digital evidence, this point should be fully taken into account in judging the evidence ability in the post-seizure warrant issuance and execution stage as well as the pre-emptive control. There is a view that dictionary control is useless, but it needs to be done with lenient control in order to materialize post-modern control through judging ability of evidence. In other words, more efforts are needed than ever before, including legislation to ensure proper criminal procedures in line with the digital age.
Keywords
Digital data; Evidential digital data; Admissibility of evidence; Hearsay rule; Evidence of illegal collection;
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  • Reference
1 Pil-Seong, Jang, 2016 Davos Forum: What is our strategy for the forthcoming Fourth Industrial Revolution?), Science & Technology Policy, Vol.26, No.2, Science & Technology Policy Institute, 2016. 2, p.12.
2 Jae-Bong, Kim, Admissibility of Digital Evidence and Identification, Hanyang Journal Of Law, Institute for Legal Studies Hanyang university , Vol.31, No.1, 2014. 3, p.171.
3 Donga Ilbo, "Digital evidence growth ... alpago to be opened during the era of the investigation", 2016. 5. 30, A12.
4 Jang, Sang-Gwi, "A Study on Evidence of Digital Evidence", Law Working Council, 2009. 5, p.227.
5 Tak Hee-Sung․Lee Sang-Jin, "A Study on the digital evidence collection procedure in digital forensic and the admissibility of digital evidence", Korean criminological review a library, Vol2006 No-1, Korean institute of criminology, 2006, p.36.
6 Kun-Won Yang, "A Study on Collection and Admissibility of Digital Evidence in Criminal Procedure", Doctoral Dissertation, KyungHee University, 2006, p.22.
7 Jeong Gyo-Il, "Confiscation of digital evidence and submissions in court", Prosecution Service, Vol.25, Supreme Prosecutor's Office, 2010. 4, p.114.
8 Tak Hee-Sung.Lee Sang-Jin, Paper[5], p.139.
9 Kun-Won Yang, "A Study on the Characteristics of Digital Evidence and Legal Issues", KyungHee Law Journal Vol.41 No.1, The Institute of Legal Studies KyungHee University, 2006, p.181.
10 Kyong-Ok Ahn, Use of technology in criminal procedure and legal problems of criminal proceedings", Korean institute of criminology, 2004, p.156
11 Jong-keun Park, "Digital evidence seizure and search and legal system", Prosecution Service, Supreme Prosecutor's Office, Vol.18, 2009, p.35.
12 Young-Ki Kim, "Generation of Digital Evidence", Korean journal of criminal case studies, Vol.19, 2011. 6, p.516.
13 Jang, Sang-Gwi, Paper[4], p.227; Son Ji-Young.Kim, Joo-Seok, Research on Determining the Admissibility of Digital Evidence, Judicial Policy Research Institute, 2015. 8, p.30.
14 Supreme Court 2007. 12. 13, 2007Do7257.
15 Seung-Soo Chun, "Confiscation of digital evidence. Execution of search warrant - Supreme Court 2011. 5. 26. 2009Mo1190 case review for decision-, Lawyers association journal, Vol.670, Lawyers association, 2012. 7, p.254.
16 Supreme Court 2007. 11. 15. 2007Do3061.
17 Supreme Court 2011. 5. 26. 2009Mo1190.
18 Supreme Court 1999. 9. 3. 99Do2317.
19 BVerfG 2 BvR 1027/02, 2 BvR 902/06.
20 Supreme Court 2012. 7. 26. 2011Do12407; Supreme Court 2015. 1. 22. 2014Do10978.