디지털 증거 압수·수색에 있어 관련성 판단의 기준에 관한 연구 - 수사기관의 디지털 증거 규범상 관련성 판단 기준을 중심으로 -/

Based on critical mind about standards of relevancy evaluation clause in subordinate statues of investigative agencies, this study explored relevant precedents and theories, and suggested improvement methods of interpretation and operation of relevancy element. In chapter Ⅱ, absence of standards of relevancy evaluation clause in Criminal Procedure Act in 2011 and Criminal Investigation Rules in 2020, doubtful points in standards of relevancy evaluation clause of Digital Evidence Rules made by the Public Prosecutors’ Office were identified. In chapter Ⅲ, the Supreme Court’s change of stance from ‘object as criterion’ to ‘criminal fact as criterion’, scholars’ arguments for and against the Supreme Court’s stances, precedents and theories’ tendencies to adopt ‘criminal fact as criterion’ were identified. In chapter Ⅳ, based on the previous contemplations, some improvement methods of interpretation and operation of relevancy element were suggested along with provisions: (1) to adopt ‘object as criterion’ of relevancy evaluation, (2) to use ‘criminal fact as element to consider’ only when a warrant contains amorphous concepts, (3) to comply with ‘conditions of specific and individual’ rigorously.