• Journal of the Korean Society for information Management
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• v.38 no.2
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• pp.201-226
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• 2021

Discovery's collection was originally paper documents, but with the advent of the digital age, its collection expanded. Resolving the issue of ESI has now become important in litigation. Therefore, this study analyzes the requirements of each domain for electronic records to be recognized as evidence. It also explained the factors that should be considered in record management. In addition, eDiscovery in the United States was selected as an advanced case to utilize records as evidence. This study investigated the Commentary on Legal Holdings: The Trigger & The Process and analyzed which functions must be considered in order for electronic records to be preserved as evidence. To this end, we analyze the functional requirements of the eDiscovery solution. Through this, necessary functional requirements are derived to help implement the system in preparation for eDiscovery.

• Journal of Korean Society of Archives and Records Management
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• v.16 no.4
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• pp.7-30
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• 2016

The purpose of this study is to suggest the directions for record and information management (RIM) strategies for Korean companies as preparation for e-Discovery risks. It begins with the articulation key concepts and some RIM issues of e-Discovery, which is governed by the U.S. Federal Rules of Civil Procedures. It analyzes three lawsuit cases for which Korean companies were sued by North American companies in order to determine the main reasons behind the defensible disposition failures. Based on the analyses, it suggests the RIM strategic policies for preparing the e-Discovery, including the development of inventories for documents and ESI in their possession, custody, or control; ensuring legal hold programs in good faith; and making defensible retention policies.

• Journal of the Korean Society for information Management
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• v.33 no.4
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• pp.125-157
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• 2016

As the domestic companies which have made inroads into foreign markets have more lawsuits, these companies' demands for responding to E-Discovery are also increasing. E-Discovery, derived from Anglo-American law, is the system to find electronic evidences related to lawsuits among scattered electronic data within limited time, to review them as evidences, and to submit them. It is not difficult to find, select, review, and submit evidences within limited time given the reality that the domestic companies do not manage their records even though lots of electronic records are produced everyday. To reduce items to be reviewed and proceed the process efficiently is one of the most important tasks to win a lawsuit. The Predictive Coding is a computer assisted review instrument used in reviewing process of E-Discovery, which is to help companies review their own electronic data using mechanical learning. Predictive Coding is more efficient than the previous computer assister review tools and has a merit to select electronic data related to lawsuit. Through companies' selection of efficient computer assisted review instrument and continuous records management, it is expected that time and cost for reviewing will be saved. Therefore, in for companies to respond to E-Discovery, it is required to seek the most effective method through introduction of the professional Predictive Coding solution and Business records management with consideration of time and cost.

• Journal of Digital Convergence
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• v.10 no.8
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• pp.287-297
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• 2012

In order to prepare for the introduction of the E-Discovery system from the United States and to cope with some causable changes of legal systems, we propose a general E-Discovery process and essential tasks of the each phase. The proposed process model is designed by the analysis of well-known projects such as EDRM, The Sedona Conference, which are advanced research for the standardization of E-Discovery task procedures and for the supply of guidelines to hands-on workers. In addition, Machine Learning Algorithms, Open-source libraries for the Information Retrieval and Distributed Processing technologies based on the Hadoop for big data are introduced and its application methods on the E-Discovery work scenario are proposed. All this information will be useful to vendors or people willing to develop the E-Discovery service solution. Also, it is very helpful to company owners willing to rebuild their business process and it enables people who are about to face a major lawsuit to handle a situation effectively.

• Journal of Arbitration Studies
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• v.20 no.2
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• pp.67-90
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• 2010

Electronic discovery refers to the discovery of electronically stored information. The differences between producing paper documents and electronic information can be categorized into seven groups: massive volume, persistence, dynamic and changeable contents, metadata, environment-dependence, dispersion and searchability. Since these differences make the discovery more expensive and less expeditious, it is necessary to limit the scope of discovery. Accordingly, a number of arbitration institutions have already introduced rules, guidelines or protocols on electronic discovery. ICDR guidelines take a minimal approach and address only the proper form of electronic document. CIArb Protocol is intended to act as a checklist for discovery of electronic data. CPR Protocol offers four modes of discovery of electronic documents ranging from minimal to extensive among which the parties may choose the way of electronic discovery. IBA Rules on Evidence and ICC Rules are silent on the issue of electronic discovery, however, working parties of the ICC are considering updates to the rules to deal with electronic discovery. It is disputed whether rules, guidelines or protocols on electronic discovery is necessary or appropriate. Although some have suggested that existing rules can make adequate provision for electronic discovery, it is more desirable to prepare new rules, guidelines or protocols to make arbitrators and counsels be familiar with electronic discovery process, to provide an adequate standard for electronic discovery and to limit the time and cost of electronic discovery. Such rules on electronic discovery should include provisions regarding the form of electronic document production, conference between parties regarding electronic discovery, keyword search, bearing the expenses to reduce disputes over electronic discovery.

• Journal of Korean Library and Information Science Society
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• v.46 no.4
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• pp.325-354
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• 2015

Corporate information has great value, but also poses great risk. Information governance is an organization's coordinated, inter-disciplinary approach to satisfying information compliance requirements and managing information risks while optimizing information value. This study aims to suggest the directions of implementing information governance in business firms based on analyses of Sedona Conference Principles of Information Governance. After analysing and reformulating the principles into control standards, and they are investigated and interpreted in terms of practicing information governance.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.18 no.5
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• pp.171-180
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• 2008

This paper also suggests the Digital Evidence Transmission System for E-Discovery which is suited to domestic environments in order to solve these problems and promote safe and convenient transmission of the electronic evidences. The suggested Digital Evidence Transmission System for E-Discovery is the system that submit digital evidences to Court's Sever through the Internet using Public Key Infrastructure and Virtual Private Network, and solves the problems - such as privileged and privacy data, trade secret of company, etc.

• Journal of Korean Society of Archives and Records Management
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• v.20 no.2
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• pp.41-65
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• 2020

Organizations always face the risk of litigation; thus, they should actively prepare for it. In particular, public enterprises must respond to lawsuits carefully to avoid any management risk and possible damage of publicity. Given this, this study aims to identify the relationship between efficient litigation response and record management, determine problems related to record management while utilizing records as evidence, and propose measures to improve record management that uses records as legal evidence. For records to be deemed as legal evidence, RMS is essential to ensure authenticity. Moreover, the ability to secure potential evidence and awareness of the importance of records management needs to be validated. The Commission also stressed the importance of cooperation between archivists and the legal team to efficiently respond to lawsuits.

• Proceedings of the Korean Society of Computer Information Conference
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• 2011.06a
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• pp.139-142
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• 2011

해외 기술 유출 사고로 인하여 한국 경제에 약 수조원의 피해가 발생하였다. 기업의 기술 유출과 사고 책임 소재를 증명하기 위한 e-Discovery시스템과 기업CERT/CC에 연구가 필요하다. 본 논문에서는 e-Discovery의 개념과 관련법안 및 권고안, 포렌식 수사절차에 대해 연구하고, 국내 e-Discovery 사고 사례와 해외 e-Discovery 사고 사례를 연구한다. e-Discovery가 도입되면 기업 CERT/CC에서 필요한 e-Discovery 시스템을 설계한다. e-Discovery 시스템의 접근과 인증을 위한 사용자인증과 기기 인증에 대한 기술과 암호화 기술을 연구한다. 본 논문 연구를 통하여 e-Discovery 제도의 도입과 포렌식 기술 발전에 기초자료로 활용될 것이다.

• Proceedings of the Korean Society of Computer Information Conference
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• 2011.06a
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• pp.185-189
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• 2011

GM대우차와 쌍용차에 관한 기술 유출 사고에서의 국가 경제적인 피해로 인하여 e-Discovery 제도 도입과 연구가 필요하다. 본 논문에서는 e-Discovery에 개념과 관련법안 및 권고안, 포렌식 수사절차에 대해 연구하고, 한국의 e-Discovery 사고 사례를 연구하고, e-Discovery가 도입되면 포렌식 자료를 위한 보안관제시스템에서의 인증과 암호화를 연구하였다. 보안관제시스템의 접근과 인증을 위한 사용자인증과 기기인증에 대한 기술과 암호화 기술을 연구하였다. 본 논문 연구를 통하여 e-Discovery 제도의 도입과 포렌식 기술 발전에 기초자료로 활용될 것이다.