인터넷서비스제공자가 보관한 정보에 대한 압수·수색절차

초록

As the use of smartphones increases, the modern society has enabled not only text messaging but also various Internet services such as SNS and e-mail, including mobile banking. The increase in the number of smartphone users has led to the expansion of living space through networks that cross domestic and overseas. In other words, various evidences about criminals crimes, concealment of crime profits, and evidences of crimes are also stored as electronic information on the network. Therefore, it is necessary for third parties, including overseas Internet service providers, to review the seizure and search procedures for archived information. However, our criminal procedure is still premised on the seizure of goods, which is not suitable for the Fourth Industrial Revolution, and it is difficult to secure the efficiency of investigation. Moreover, in the seizure and search procedures for information stored by third parties such as e-mail, it is difficult to protect the rights of the information subjects because the procedures for guaranteeing the right of participation of the information subjects other than the suspects are also insufficient. It is urgent to revise criminal proceedings to reflect the nature of Internet Service Provider Archiving information.

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