디지털증거(전자정보) 압수수색에서 피압수자 등 참여권 보장 확보방안

Recently, social changes due to the electronic information environment have diversified the places and objects of the seizure search of digital evidence, unlike the existing search and seizure of fluids that mainly occupy (own) offices or criminals. According to this change, seizure and search warrants account for most of the execution of electronic information managed and occupied by third parties, not by information subjects. In preparation for the above reality, a special law is enacted to stipulate procedures for execution of warrants for telecommunication information and financial transaction information, and the Criminal Procedure Act also provides support for participants in the execution of search and seizure warrants. The same applies to criminal proceedings on fluid seizure and execution procedures, especially to the original presentation of warrants, guaranteeing the right to participate, and the electronic information on the seizure list. Foreign laws on criminal law enforcement also provide separate provisions for seizure and search of places where information of others is stored or for non-face-to-face long distances, separately from the simple seizure of fluid in the suspect's residence. On the other hand, with respect to the seizure of third-party storage sites for other people's electronic information, it is necessary to replace procedures for the seizure of fluid (in kind) on suspect residences by legislating general regulations on warrant presentation, guarantees of information subjects' participation or designation.