• The KIPS Transactions:PartD
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• v.16D no.2
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• pp.265-272
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• 2009

Although the various crime involved numerous digital evidence, the digital evidence is hard to be acknowledged as a evidence to proof the crime fact in court. We propose the method of verification for the legal admissibility of digital evidence using digital forensics ontology. In order to verify the legal admissibility of digital evidence, we will extend the digital ontology by standard digital forensics process from Digital Forensics Technical Manual defined by KNPA and set up the relation properties and the rule of property constraint to process class in the digital forensics ontology. It is possible for proposed ontology to utilize to plan the criminal investigation and to educate the digital forensics.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.23 no.2
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• pp.273-277
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• 2013

Recently, according with a sudden increase of records produced and stored by digital way, it becomes more important to maintain reliability and authenticity and to ensure legal effect when digital records are collected, preserved and managed. On the basis of domestic legal procedure law and record management-related legislation, this paper considered judicial admissibility of evidence on electronic records managed by National Archives of Korea and drew potential problems when these are submitted to court as a evidence. Also, this paper suggested a plan applying digital forensics technique to electronic records management to ensure admissibility of evidence about electronic records stored in National Archives of Korea.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.32 no.3
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• pp.217-246
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• 2021

This study aimed to analyze the quality concepts and requirements of digital records as evidence and to find an implication to develop requirements for trusted digital records with securing authoritative qualities. To this end, this study compared requirements of records domain linking records process, records metadata and records systems with judicial domain on digital evidence, and identified the records requirements to secure the legal admissibility linking records and judicial domain. This study analyzed the relationship of quality concepts between digital records and digital evidence, found the legal admissibility is highly related to the reliability, and derived that it needs the measure to secure the reliability at the stage of records creation and capture. To prove authenticity of digital evidence, this study identified importance of records process, records metadata and records system, and proposed the necessity of measurement to secure records' evidence.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2010.04a
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• pp.422-427
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• 2010

The judgement of 'Koreon Maritime Safety Tribunal'(KMST) influences criminal/civil trials, and thus the judgement must be decided very carefully. The Judge must bear in mind the Principle of Free Evaluation of Evidence is restricted by the admissibility of evidence, in dubio proreo and others. Also, empirical role must be used very carefully with strict proof. Therefore the reasons of the proof shall be expressed on the adjudication.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.18 no.6A
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• pp.163-177
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• 2008

As many companies are considering to use server virtualization technology to reduce cost, the crime rates in virtual server environment are expected to be increasing rapidly. The server virtualization solution has a basic function to produce virtual machine images without using any other disk imaging tools, so that investigating virtual servers are more efficient because the investigator only has to collect the virtual machine image and submit it to the court. However, the virtual machine image has no admissibility to be the legal evidence because of security, authenticity, procedural problems in collecting virtual machine images on virtual servers. In this research, we are going to provide requirements to satisfy security, authenticity and chain of custody conditions for the admissibility of the virtual machine image in server virtualization environment. Additionally, we suggest definite roles and driving plans for related organizations to produce virtual machine image as a admissible evidence.

• Proceedings of the Korean Society of Computer Information Conference
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• 2014.07a
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• pp.139-141
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• 2014

IT산업의 발전에 따른 IT기기의 사용이 우리의 일상에서 없어서는 안되는 존재로 자리잡음으로써 우리의 생활의 편리함과 풍요로움을 가져다준 동시에 수많은 범죄에 악용되면서 위험에 노출되어져 있기도 하다. 이러한 범죄가 증가함에 따라 기존에 우리가 접하던 유형물 형태의 증거에서 무형의 디지털 증거가 급격히 늘어났고 형사소송법의 영역에서 매우 중요한 자리를 차지하게 되었으나 아직까지 미비한 부분들이 많고 구체적인 확립이 되지 않은 실정이기에 디지털 증거의 압수 수색에 대한 문제점을 간략히 알아보고 그에 대한 개선방안을 알아보려 한다.

• The Journal of the Korea Contents Association
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• v.7 no.12
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• pp.105-113
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• 2007

Company without voluntary agreement(nature) of police, violation on the reason of company, violation on identification state, Violations on duties to notify the party's family members and to allow the party have a chance to be notified. Violation on duty to notify the party to have the right to call an investigation authority, Violation on the time of company, Violation on the place of company, and Violation on using force such as compulsory during the process of voluntary company in state of illegal voluntary company. It also has to decide whether the evidences are illegal and eliminated by these two requisites even in probative value and evidence admissibility on confession of the party under the illegal voluntary company.

• The Journal of the Korea Contents Association
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• v.6 no.5
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• pp.153-160
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• 2006

Recently, digital imaging is frequently used by crime scene investigators. However, the admissibility of digital photographic evidence in court is often raised because of the fact that digital photographs are more easily modified than film-based photographs. Therefore, in this article, the researcher reviewed some basic theories and legal considerations related with police crime scene investigations in Korea and The United States. This article is presented in the hope of clearing up some of the possibilities of falsifying photographic evidences and in the hope of setting the strict the rules of evidence regarding digital evidence in this county.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.26 no.1
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• pp.135-152
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• 2016

Because of the evolution of mobile devices such as smartphone, the necessity of mobile forensics is increasing. In spite of this necessity, the mobile forensics does not fully reflect the characteristic of the mobile device. For this reason, this paper analyzes the legal, institutional, and technical considerations for figuring out facing problems of mobile forensics. Trough this analysis, this study discuss the limits of screening seizure on the mobile device. Also, analyzes and verify the mobile forensic data acquisition methods and tools for ensuring the admissibility of mobile forensic evidence in digital investigation.

• Journal of the Korea Society of Computer and Information
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• v.22 no.2
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• pp.133-139
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• 2017

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.