전자서명 기반 전자영장을 활용한 압수·수색영장의 원격 집행 방안에 대한 연구 - 금융계좌추적용 압수·수색영장 집행을 중심으로 -

Although the seizure and search of financial transaction information, which has emerged since the first Criminal Procedure Act was enacted, has different characteristics and procedures from the seizure and search of general objects, the Criminal Procedure Act was established with only the seizure and search of tangible objects in mind. Accordingly, we are executing warrants for seizure and search of financial transaction information, and the Criminal Procedure Act does not specifically stipulate procedures that take into account the seizure and search of financial transaction information. The reality is that there are significant differences of opinion in the meaning of financial transaction information judged by each related entity(Courts, investigative agencies, and financial institutions) and the method of execution of seizure and search warrants for tracking financial accounts. Recently, the Supreme Court precedents, in the process of executing a seizure and search warrant for financial transaction information, it is faxed and executed without presenting the original, and if the seizure list is not issued to financial institutions even after the warrant is executed, it said illegal. it was judged that the financial transaction information acquired thereby did not have the admissibility of evidence(The Supreme Court sentenced on March 14, 2019, 2018Do2841 judgment). According to the above judgment, the facsimile transmission method (execution of a copy of the warrant) can no longer be used in the execution of a seizure and search warrant for tracking financial accounts, and after the judgment, the investigative agency faced the problem of having to visit the financial institution in person and present the original warrant. However, the procedure for executing the seizure and search warrant for financial accounts tracking under the Supreme Court ruling was of little help in protecting the rights of financial institutions (the confiscated party), as well as the suspect, but rather greatly reduced the speed and efficiency of tracking financial transaction information and in the end, it is a reality that causes considerable problems in the process of collecting evidence and recovering criminal proceeds, which are the core of the case. Therefore, in this paper, in order to comply with the due process and to increase the speed and efficiency of the investigation, We would like to focus on research that investigative agencies present the original seizure and search warrant set out in the Supreme Court precedent execute without visiting the agency subject to seizure in person. In other words, we would like to focus on research that the ways of execution seizure and search warrants for tracking financial accounts using electronic warrants based on digital signature from a remote location and the ways of issuing seizure lists immediately after acquiring information subject to seizure.