검찰의 무관정보 관리 실태에 대한 비판적 검토 – 디-넷(D-NET)의 운영 규정을 중심으로 –

The prosecution's search and seizure of the media organization “News Bus” has once again brought attention to the fact that the electronic evidence it had collected had been kept on its ‘D-NET’ network server for an extended time. The prosecution has been criticized for storing and utilizing electronic data that is not relevant to the criminal investigations. This article examines the current state of 'D-NET' and evaluates the regulations for digital forensics that deal with searching and seizing electronic data. Examining the “Regulation on the Collection, Analysis, and Management of Digital Evidence” of the prosecution, which governs the operations of ‘D-NET’ allows us to understand the problems in digital forensic practices. Specifically, the regulations regarding the deletion of digital evidence and electronic data are unclear and allow for a great deal of exceptions. The exclusionary rule has been used by the courts to render irrelevant electronic data obtained through search and seizure warrants granted for other cases inadmissible. However, the limitations set by the court on search and seizure warrants do not fully prevent the prosecution from storing and utilizing irrelevant electronic data. Therefore, the Criminal Procedure Act should be revised to address the inappropriate practices in the prosecution's digital forensics.