• Title/Summary/Keyword: 수사절차

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A Study on the Digital Material Disposal Order System (디지털자료 파기 명령 집행절차에 대한 연구)

  • Kim, Tae-Sung;Lee, Sang-Jin
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.27 no.4
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    • pp.863-872
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    • 2017
  • Digital material transferred to the court for litigation shall be disposed by the procedure in the court records management regulations and the digital material collected by the investigator in order to prove the suspect's allegation shall be disposed by the Supreme Public Prosecutor's Regulation No.876(digital material's regulation of collection, examine and management). the court ordered the disposal of digital material that is the subject of litigation based on the related laws when criminal lawsuits and civil lawsuits are finalized. however, there is no specific procedure to enforce the disposal order of the court, and the enforcement order stipulates that the enforcement agent is not a professional officer who has proven expertise but a related public official. there is a problem in the enforcement of digital material that the court ordered to disposal because it is not specified. therefore, this is paper proposes a procedure for effectively enforcing the court's order to revoke digital material.

An Effective Control Method for Improving Integrity of Mobile Phone Forensics (모바일 포렌식의 무결성 보장을 위한 효과적인 통제방법)

  • Kim, Dong-Guk;Jang, Seong-Yong;Lee, Won-Young;Kim, Yong-Ho;Park, Chang-Hyun
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.19 no.5
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    • pp.151-166
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    • 2009
  • To prove the integrity of digital evidence on the investigation procedure, the data which is using the MD 5(Message Digest 5) hash-function algorithm has to be discarded, if the integrity was damaged on the investigation. Even though a proof restoration of the deleted area is essential for securing the proof regarding a main phase of a case, it was difficult to secure the decisive evidence because of the damaged evidence data due to the difference between the overall hash value and the first value. From this viewpoint, this paper proposes the novel model for the mobile forensic procedure, named as "E-Finder(Evidence Finder)", to ,solve the existing problem. The E-Finder has 5 main phases and 15 procedures. We compared E-Finder with NIST(National Institute of Standards and Technology) and Tata Elxsi Security Group. This paper thus achieved the development and standardization of the investigation methodology for the mobile forensics.

A Study on the Efficient Digital Evidence Processing in Case Transfer : Focused on Military and Police Case Studies and Expert Interviews (사건 이송 시 효율적인 디지털 증거 처리 절차에 관한 고찰 : 군·경 사례연구 및 전문가 인터뷰를 중심으로)

  • Young June Kim;Wan Ju Kim;Jae sung Lim
    • Convergence Security Journal
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    • v.22 no.2
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    • pp.121-130
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    • 2022
  • Recently, as soldiers are allowed to use mobile phones, cases are frequently transferred from the police to the military due to criminal acts, and digital evidence is collected separately from the reliability of previous investigations, such as overlapping seizure and search procedures. In this study, through in-depth interviews with practitioners in charge of digital evidence in the military, police, and courts, problems related to digital evidence handling, such as infringement of evidence ability due to overlapping human factors and procedures, are derived and analyzed. The presented procedure verified the effectiveness of the procedure through case analysis, and is expected to contribute to the guarantee of the evidence capacity of digital evidence and the efficiency of handling cases.

Reference statements using the fingerprint watermarking simplify system (지문 워터마킹을 활용한 진술조서 간소화 시스템)

  • Kim, Hee-Chul;Jeong, Yang-Kwon
    • The Journal of the Korea institute of electronic communication sciences
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    • v.11 no.1
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    • pp.93-98
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    • 2016
  • A large number of victims or witnesses to incidents and accidents should visit a police station and fill the decree stated. Stated decree workaround discomfort and hygienic problems in unnecessary step process using the fingerprint after you modify the modified portion when due modify the request as of the import or typos recognized that modifications and police in the. Stated decree in the investigation phase when creating KICS and electronic Resources investigation into the identity of the one-touch fingerprint reader linked with the introduction table system and thinning, which can simplify the day of the procedure.

Analysis of an Arson fire of Motor Vehicle (자동차 방화사례의 분석)

  • Lee, Eui-Pyeong
    • Fire Science and Engineering
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    • v.25 no.6
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    • pp.112-119
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    • 2011
  • In this study, a fire cause of setting fire to one's own car to collect the insurance is analyzed. Through a close examination of causes of this car fire, it is suggested to improve current practices and institutions: (1) A collection system of fallen vehicle parts or fire debris in the fire site should be established; (2) A system of providing fire site information in detail should be established when a police station requests National Institute of Scientific Investigation (NISI) to examine causes of vehicle fires; (3) When a burned car is suspected of arson, a fire station and a police station should maintain a mutual cooperation system; (4) Procedures of examining the causes of vehicle arson in National Institute of Scientific Investigation (NISI) should be improved; and (5) Recognition of the examination of fire causes and correlation with analysis equipment should be changed.

Recovering Files Deleted by Data Wipe on NAND Flash Memory (NAND 플래시 메모리 상에서 데이터 와이프에 의한 삭제 파일 복구 기법)

  • Lim, Yoon-Bin;Shin, Myung-Sub;Park, Dong-Joo
    • Proceedings of the Korean Information Science Society Conference
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    • 2011.06c
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    • pp.77-79
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    • 2011
  • 최근 플래시 메모리가 디지털 기기의 저장장치로 많이 사용되면서 범죄와 관련하여 중요 증거나 단서가 디지털 기기 내에 저장되는 경우가 많아지고 있다. 이러한 현상은 플래시 메모리에 저장된 데이터는 디지털 포렌식 수사에 도움이 될 가능성이 있기 때문에 와이핑 툴(Wiping Tool)을 사용하여 저장된 데이터를 영구 삭제하게 된다. 플래시 메모리는 덮어쓰기가 불가능하기 때문에 와이핑(Wiping) 되어도 이전 데이터가 남아있는 특성이 있다. 이전 데이터를 복구하기 위해서는 기존 하드디스크 기반의 복구기법으로는 복구하기 어렵다. 최근 연구된 플래시 메모리 복구기법은 메타정보의 의존도가 높은 문제가 있다. 그래서 기존 플래시 메모리 복구기법을 보완하여 플래시 메모리 특성을 이용한 다른 방식의 연구가 필요하다. 본 기법은 플래시 메모리에 데이터 와이프로 삭제된 파일을 검색하고, 검증 절차를 거쳐 파일을 복구하는 기법을 제안한다.

국가 디지털 포렌식 법률 체계와 국내외 디지털 포렌식 법제 현황

  • Baek, Seung-Jo;Shim, Mi-Na;Lim, Jong-In
    • Review of KIISC
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    • v.18 no.1
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    • pp.49-61
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    • 2008
  • 최근 소송에서의 디지털 증거의 비중과 수사과정에서의 디지털 포렌식의 중요성과 관심이 높아지고 있으며, 미국을 포함한 여러 국가들은 이러한 추세를 반영하여 효과적인 디지털 증거 수집과 분석을 위한 법제들을 마련하고 있는 상황이다. 국내의 경우도 디지털 포렌식 기술에 대한 관심과 실제 사건해결에 있어서의 이용도가 높아지고 있음에도 아직까지 관련 법제들은 미비한 상황이다. 본고에서는 먼저 '국가 디지털 포렌식 법률 체계'를 제시하고 각각의 구성요소들에 대해 살펴 본 후, 국가 디지털 포렌식 법률 체계에 기반하여 미국의 법제 현황과 국내 법제 현황을 비교한다. 또한 디지털 포렌식 수행 절차에 따른 법적 요구사항들을 정의해보고, 국가 디지털 포렌식 법률 체계 완성을 위한 추진방안을 제시한다. 마지막으로 효과적인 디지털 증거의 수집 분석과 디지털 포렌식 기술 활성화를 위해 국내 법제들이 나아가야 할 방향과 추진방법을 제시한다.

A Legal Analysis of Identity Revelation of Malicious Crime's Suspect (강력범죄 피의자의 신상공개에 대한 법적 고찰)

  • Jeong, Cheol-Ho
    • The Journal of the Korea Contents Association
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    • v.12 no.7
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    • pp.156-168
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    • 2012
  • As the increase of violent crimes such as robbery, murder, and rape has become a social problem, the government is considering institutionalizing the identification of criminals to prevent crime and to guarantee people's right to know. Such an atmosphere led to the approval of the revision of 'Special Law On the Punishment of Specific violent Crimes' in the National Assembly in April 2010. The revision allows the revelation of the profiles of crime suspects including the pictures of their faces at the investigation stage. However, whether the revision had been effective in preventing crime has not been demonstrated empirically. Moreover, identity revelation is a grave intrusion into privacy and an abuse of human rights such as personal rights and the right to a fair trial, since personal information of criminal suspects would be released to the media prior to the court's final judgements. Also it violates the principle of presumption of innocence, the principles of due process, the principle of double jeopardy, the principle of prohibition against excessive, the principles of clarity, and the principle of liability.

A Study on Influence of Korea-EU FTA Ratification upon Legal Service and Forensic Investigation (한-EU FTA 비준에 따르는 법률서비스가 포렌식 수사에 미치는 영향 연구)

  • Lee, Gyu-An
    • The Journal of the Korea institute of electronic communication sciences
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    • v.6 no.5
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    • pp.683-688
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    • 2011
  • Korea-EU FTA, which came to an agreement in April of 2007, was resolved at the National Assembly in May of 2011, thereby having been concluded the ratification. As for the procedure of opening a market in legal service according to settlement and ratification of Korea-EU FTA, Step 1 is allowed the establishment of representative office(law firm with foreign-law consultation) at home by EU member countries' law firms. Step 2 is made available for law firm with foreign-law consultation to jointly handle and distribute profits as for a case that is mixed the domestic law firm and the domestic & foreign laws. Step 3 is allowed EU member countries' law firm to establish a joint venture with domestic law firm. This study researches into a change and influence upon legal service and forensic investigation according to Korea-EU FTA ratification. Also, it researches into position and prospect that digital forensic evidence, which possesses the majority of legal evidences, takes up in the middle of court-oriented trials. The prediction of influence in digital evidence as professional proof upon judgment will led to being capable of coping with the opening of legal service market and of wisely preparing for the advance to domestic market by law firm of Anglo-American Law.

Application of Police Video Equipment for Fighting Crime and Legal Trends (범죄 대응을 위한 경찰 영상장비의 활용과 법 동향)

  • Lee, Hoon;Lee, Won-Sang
    • Informatization Policy
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    • v.25 no.2
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    • pp.3-19
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    • 2018
  • With the introduction of video cameras into law enforcement, a great deal of police organizations have adopted the technology in their routine crime prevention activities. The up-to-date systems of ambient surveillance energized by CCTV, police wearable cameras, drones, and thermal imaging devices enable the police to thoroughly monitor public spaces as well as to rigorously arrest on-scene criminals. These efforts to improve the level of surveillance are often met with public resistance raising concerns over citizens' rights to privacy. Recent studies on the use of police video equipment have constantly raised the issues related to the lack of applicable legal provisions, risk of personal information and privacy infringement as well as security vulnerabilities. In this regard, the present study attempted to review the public surveillance methods currently used by law enforcement agencies worldwide within the context of public safety and individual rights to privacy. Furthermore, the present study also discussed the legal boundaries of police use of video equipment to address public concerns over privacy issues.