디지털 포렌식 업무의 법·제도적인 개선방향

초록

As information society is developing, it is well-known that cybercrime(especially computer crime) is increasing. So digital evidence is increasing both cybercrime and general crime. Therefore, digital evidence plays an important role in investigation and judgment. Digital forensics has emerged regarding the procedures of searching and identifying evidence. The purpose of digital forensics is to make digital evidence accept in court according to reasonable process in cybercrime investigation. It is difficult for us to treat digital evidence, because digital information is easy to forge, alter, delete and modify. Therefore some digital evidence collection tools and forensics tools are developed. Due to new technical developments, prosecutors, courts and corporations have began to recognize the importance of digital evidence. But digital evidence gives rises to lots of challenge in criminal evidence law especially, because existing law and legal system does not support present circumstances. Until the legislative and judicial approval come into force, there should be a discussion and research new scientific evidence. In order to develope the digital forensics in Korea, legal and institutional improvement are necessary to be arranged. Both public sector and private sector(especially corporations) need to have digital forensics skills. Because public sector can investigate or judge fairly and by due process, and corporations are able to prevent corporation crimes. Digital forensics can be good methods as internal controls to corporations. But existing legal and institutional system have some problems in view of refinement. This article describes and analyzes the current problems, and proposes some improvements. To admit digital data criminal evidence, criminal procedural law must be amended on accordance with the development of technology. And government is necessary to improve institutional system and formulate the policy about digital forensics collectively.

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