eDiscovery 대응을 위한 기술적 요구사항 연구

The Criminal Procedure Act provides for seizure and search provisions that reflect the object of seizure of Electronically Stored Information(ESI). However, there is a delay in preparing specific provisions for the investigation of evidence or disclosure of evidence for ESI. In practice, the finding of facts is mostly done by digital evidence. In this regard, there are a number of documents that emphasize the importance of introducing an American-style eDiscovery system. However, it is questionable whether the American-style system, which is biased toward evidence investigation under the structure of opposing parties, such as civil litigation, can be applied to criminal proceedings with a strong public interest. This is because the public interest such as the right to a speedy trial for the accused as well as the issue of privacy should be emphasized. In this paper, as prerequisites for such eDiscovery introduction, ① measures to improve access to data, ② the need for ESI processing experts, ③ preparation of security policies to prevent ESI leaks, ④ the need for forensic experts to detect forgery and falsification, ⑤ especially the problem of excessive procedural cost burden, and institutional support systems were intensively reviewed. Furthermore, as technical requirements, ① measures to secure soundness of forensics, ② possibility of data automation, intelligence, and visualization, and ③ applicability of predictive encoding were mentioned. Considering these preemptive and technical requirements in the future, it is time to carefully discuss how and to what extent the eDiscovery procedure will be introduced in criminal proceedings.