디지털 증거의 역외 압수수색에 관한 쟁점과 입법론 - 계정 접속을 통한 해외서버의 원격 압수수색을 중심으로 -

The Necessity of Search and Seizure is getting bigger in accordance with uses of world-wide services like Google, Twitter, Facebook, Skype. but, It is hard to get enthusiastic cooperation on the the procedure of Judicial assistance in criminal matters to acquire the digital evidence. Even so, it is rarely to get useful evidence in timely manner. Even not perfect, suggested solution is the Remote(Extra-territorial) Search and Seizure using network. So, If account and password of extra-territorial services are known during investigation, law enforcement agency will get the warrant that agency access the foreign server from the local office and acquire the evidence with. Because Extra-territorial Search and Seizure is for foreign server, national jurisdiction problem could be occur. and Ordinary search and seizure procedure cannot be applied. After the study of concept, cases, features of Extra-territorial Serch and Seizure and the examination of concerning arguments, It is confirmed that Extra-territorial Search and Seizure is the efficient way to get the goal with minimized the infringement of foreign sovereignty. so legislation and international cooperation are needed and Notification system and participation system could guarantee the rights of defence and the fairness of law enforcement.