證據開示節次上 일시적 데이터의 取扱에 관한 小考 - 일시적 데이터의 보존의무를 중심으로 -

While improvements in technology make information storage easier and cheaper in an electronic form, the nature of electronically stored information also makes the data easy to destroy as a result of document retention policies, changes in technology, or even mere carelessness. The dynamic nature of digital information gives it an ephemeral quality where information can quickly disappear, yet still be retrieved, albeit sometimes at great expense. These ironies of the digital medium pose problems for the duty to preserve in establishing both the scope of the duty and when it is triggered. However, there is little discussion about ephemeral data in the civil procedure in Korea. On the contraray there were some official and unofficial discussion about ephemeral data in the discovery process in U.S.A. And recently electronic discovery amendments to F.R.C.P. took effect to address the unique problems presented by discovery of electronically stored information. Yet the amendments discuss electronic discovery only in general terms, leaving the courts to decide how to apply these rules to specific electronic discovery issues. Reviewing e-discovery amendments and decisions of courts on ephemeral data would lay the foundation for solving problems by ephemeral data in the civil procedure.