디바이스 복호화 명령과 자기부죄거부특권: 미국 법원의 실행과 영국의 입법례를 중심으로

Smartphones have evolved from conventional wireless communication devices to mobile computers, and the amount of data generated and stored on smartphones has become vast. In addition, encryption of the device itself is causing problems in which information within the device cannot be accessed without biometric or PIN numbers. In order to explore solutions to many of these recent problems, this paper analyzes recent "Going Dark" debates and recent court rulings related to the compelled decryption and the privilege against self-incrimination in U.S. federal and state courts. This paper will also explore the Investigatory Powers Act 2016 of the United Kingdom, which stipulates key disclosure orders for encrypted data. Finally, this paper would like to examine how related discussions are being held in Korea and draw criminal policy implications based on device encryption and compelled decryption. There is no serious problem in Korea yet with device encryption however several cases have been reported through the media. In the near future, the denial of unlocking devices could pose a stumbling block to the criminal investigation and digital forensics. South Korea also needs to refer to U.S. court cases and British legislation to prevent legal disputes regarding smartphone search in advance and minimize human rights violations during the investigation process. It will also require research and in-depth discussion of the various legal issues that may arise and seek to overcome the issue of encryption.