표준규정과 판례 비교를 통한 디지털 포렌식의 법적 증거능력 인증기준

초록

The number of digital forensic implementations has been increasing and the scope of application diversifying as well. Digital forensics for securing concrete evidence in criminal investigations has been becoming critical and related technologies developing rapidly. However, the legal system in Korea has been focused heavily on physical evidence with little emphasis on digital evidence for digital forensic. For digital evidence derived from digital forensics to be recognized, integrity, originality, and reliability must be proven. In Korea, digital forensics is mainly used in crime investigation work by the prosecution and the police. In this process, standard guidelines written by each organization are used to acquire integrity, identity and credibility of digital forensic. There is a controversy that the defendant's complaint about the use of digital forensics is raised or that the technology can not be admitted because the guideline is not based on legislation. It is the most obvious way to revise the law, but it will take a long time to come up with laws that can encompass various electronic devices and digital forensic technologies that have been quickly developing. Therefore, supplementing and refining the existing standard guidelines will be more helpful in expanding the scope of digital forensics. To this end, this paper compares domestic and US digital forensic standard guidelines and precedents to analyze the actual standards for obtaining integrity, originality, and reliability. Through the comparison, it is possible to identify the proof standard of the digital forensic objectively, and to identify the factors for developing the Korean standard guidelines.

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