유비쿼터스 컴퓨팅환경하에서 디지털 포렌식수사절차에 관한 연구

As the entire process of digital forensic should have a legal basis, it is a crucial matter what kind of legal proceedings are needed depending on the spaces and forms where evidence exists. This study aims to identify the technical characteristics of a ubiquitous computing environment through interdisciplinary research and to suggest digital forensic investigation procedures that can comply with the Criminal Procedure Law and judicial precedents of Supreme Court by deriving the meaning of criminal procedures which technical elements have. In suggesting a model of digital forensic investigation procedures, due process of law must be implemented among other things. To this end, there is a need to analyze current laws. This research examined several laws that can be the rules for digital forensic investigation procedures including the Criminal Procedure Law, the National Police Agency’s instruction ‘the rules of digital evidence acquisition and processing’, and Supreme Prosecutor’s Office’s regulation ‘the regulations of digital forensic investigators’ collection and analysis of evidence’. Furthermore, the present study analyzed the content of court documents ‘the object of seizure and the limitation of methods’ attached to a seizure and search warrant issued by a court and judicial precedents of Supreme Court. This study proposed a digital forensic investigation model that is suited to Korea’s legal environment based on the analysis of current laws and judicial precedents. This research put forward methods of seizing digital evidence and their specific procedures and also suggested how to process evidence of new criminal facts that can be found when analyzing evidence, how to guarantee and notify the participation right of people whose possessions are seized, and how to make and issue a list of seized items.