정보저장매체의 반출 후 전자정보의 탐색‧선별에서의 참여권 보장에 관한 연구

Discusions about guarante of participation rights in the proces of search andselection for electronic information after taking data storage media out in reference toseize and search for electronic evidence have ben continued so far in South Korea. However, in reference to participation rights in seize and search for electronic evidence,revision of criminal procedure law has not yet ben made until now. Besides, Cases haveonly declaratory meanings about guarante of participation rights in seize and search forelectronic evidence. The reason why guarante of participation rights in seize and search for electronicevidence is especialy important when electronic evidence could be subject to seize andsearch is due to the characteristics of electronic evidence. In case of electronic evidence,damage and fabrication of electronic information can easily ocur in the proces ofcolecting the electronic information which investigative agencies ned by searching andselecting from data storage media. In particular, in case of electronic information, unlikematerial evidence that can be easy to verify something strange such as deformation of shapes, it is very dificult for suspects to recognize whether the evidence has bentempered with or not after al that had hapened. This could be the definitve reasonwhy guarante of participation rights is neded in the procedure of seize and search forelectronic evidence, especialy in the proces of search and selection for electronicinformation after taking data storage media out.