Earticle

초록

영어

The changes in the legal system of criminal procedure laws based on the material objects are being demanded with the result of new criminal phenomenon in digital environment which had not been anticipated previously. However, still the current code of criminal procedure only anticipates the physical evidence with the limitations of current laws to bring in the digital evidence.
As the amendments to the code of criminal procedure for the collection of digital evidence, this study suggests following 7 items.
First, the digital information is to be stipulated as the subject of confiscation and search. Second, the provision for confiscation after copying, printing and transferring is to be newly created. Third, in the case of submitting the copy of digital evidence, a clear legal ground to acknowledge its originality is necessary. Fourth, the provision for the request to preserve data is to be newly created. Fifth, the provision for the confiscation after the record order is to be newly created. Sixth, the provision related to the collection of evidence through a network is to be newly created. Finally, the provision for the ground to collect evidence on the communication processing data is to be newly created.

목차

Ⅰ. 들어가며
 Ⅱ. 디지털 증거의 특징과 주요쟁점
  1. 무체정보성
  2. 취약성
  3. 대량성
  4. 네트워크 관련성
 Ⅲ. 디지털 증거의 특징별 문제점과 입법론적 해결방안
  1. 무체정보성 관련 문제
  2. 취약성 관련의 문제
  3. 대량성 관련의 문제
  4. 네트워크 관련성 문제
 Ⅳ. 마치며
 참고문헌
 

키워드

저자

• 권양섭 [ Kwon, YangSub | 군산대학교 법학과 강사, 법학박사. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340