현행 디지털 증거 수집 관련 법률의 한계

Our society has transformed from an information society to an ubiquitous society. The commercialization of the autonomous cars is on the horizon, and new technologies such as IoT, big data and cloud computing are constantly evolving. However, the law is not catching up with the changes in the world. So our criminal procedure law, which relates to digital evidence, still regulates the industrial era. Although the amount of digital evidence already outstrips the amount of analogue evidence, our criminal procedure still targets analog evidence. In comparison with major countries in the world, regulations established in the Criminal Procedure Act that governs the collection of digital evidence leave much to be desired. Furthermore, it can be more difficult to use digital evidence in court because of the exclusionary rule of the illegally collected evidence in criminal cases. Therefore, the information collected from the computer and other places connected to the network should also be seized. Also, it is needed to establish a new provision that requires those who have their digital evidence seized to cooperate with investigation. The court's submission order should be utilized by the investigative agency. And the preservation order for those who hold digital evidence is also necessary. Nevertheless, if the seized information is encrypted, the contents of the information will not be known. Moreover, it is very difficult to collect evidence from new types of digital information such as virtual currency. Therefore, we will need to introduce similar level of legislation used in advanced countries and will need to form a pool of experts who can respond to new types of digital information.