디지털 저장매체의 예외적 압수방법에 대한 사후통제 방안

While reviewing thoroughly cases on how they are currently seizing the digitalstorage media, the study analyzed problems of the current methods. In doing so, thestudy proposed a new idea to seize, trying to realize those principles and exceptionswhich Article 106 would want to achieve. The study, first, categorized the seizure process of the digital storage media into anexceptional seizure on the spot and another exceptional seizure after moving to a thirdlocation, and second, defined acceptable requirements for each of those seizures. Howthose seizures should be processed is described as follows. First of all, in a confiscation warrant, there should be words reading that digitalstorage media can be exceptionally seized. If any exceptional situation occurs on thespot, and if it is inevitable to seize the digital storage media in any way, what shouldbe seized needs to be sealed before it is taken away. After the seizure, the work will beprocessed in a third location with a person related to the matter in attendance. Even after moving to this third location, if there is a need for the digital storagemedia to be continuously seized, new permission from the court should be granted. During the permission evaluation of the court, a right of statement of a partyinterested should be secured while plans on how to return and discard the storage media are submit. An investigator and an analyzer should be separately appointedwhile technical protection measures are prepared. Such process mentioned so far isconsidered even more effective in the privacy protection.