디지털 범죄수사의 딜레마 – 무죄 추정 원칙의 침해 위험에 관한 小考

In the contemporary digital age, the increasing reliance on digital evidence in criminal investigations raises profound concerns regarding its scientific validity and the potential infringement of fundamental rights, particularly the right to a fair trial and the presumption of innocence. This study aims to examine the procedural challenges that emerge during the investigative stage, focusing upon the improper handling of digital evidence, the inconsistent application of technological practices, and the absence of standardized reliability testing in digital forensics. Although digital forensics is often regarded as a scientific discipline, its application by law enforcement is frequently shaped by investigative imperatives rather than by objective scientific standards. This results in compromised evidentiary validity and insufficient verification of data processing methods. The lack of universally accepted procedures and international standards, along with the absence of robust protocols for assessing evidentiary reliability, raises critical concerns about the integrity and admissibility of digital evidence in criminal proceedings. Against this backdrop, the presumption of innocence must function as a fundamental procedural safeguard, governing the generation, handling, and assessment of digital evidence. As a principle central to the allocation of the burden of proof, it demands rigorous accountability in the production of evidence and adherence to the principle of equality of arms, ensuring that suspects and defendants are not disproportionately disadvantaged by investigative asymmetries or embedded technological biases. Accordingly, this paper explores how the right to a fair trial functions as a safeguard to protect individuals from potential prejudice and/or procedural harm in criminal cases involving digital evidence. It further analyzes contemporary challenges surrounding the use of digital evidence within the normative framework established by the presumption of innocence. Despite ongoing legal, philosophical, and doctrinal ambiguities, the presumption of innocence offers a compelling normative foundation for regulating digital evidence, guiding the development of international forensic standards, and harmonizing the lawful use of technology in criminal investigations.