유비쿼터스 컴퓨팅환경하에서 디지털 포렌식 수사절차에 관한 연구
= A Study on the Digital Forensics Investigation Procedures in Ubiquitous Computing Environment / 권양섭

 
제어번호 101954221
저자명 권양섭(Yang Sub Kwon)
학술지명 법학연구
권호사항 Vol.61 No.- [2016] 
발행처 한국법학회 
자료유형 학술저널
수록면 93-120(28쪽)
언어 Korean
발행년도 2016년
KDC 360
등재정보 KCI등재
판매처 교보문고

 
초록
As the entire process of digital forensic should have a legal basis, it is a crucial matter what kind of legal proceedings are needed depending on the spaces and forms where evidence exists. This study aims to identify the technical characteristics of a ubiquitous computing environment through interdisciplinary research and to suggest digital forensic investigation procedures that can comply with the Criminal Procedure Law and judicial precedents of Supreme Court by deriving the meaning of criminal procedures which technical elements have. In suggesting a model of digital forensic investigation procedures, due process of law must be implemented among other things. To this end, there is a need to analyze current laws. This research examined several laws that can be the rules for digital forensic investigation procedures including the Criminal Procedure Law, the National Police Agency’s instruction ‘the rules of digital evidence acquisition and processing’, and Supreme Prosecutor’s Office’s regulation ‘the regulations of digital forensic investigators’ collection and analysis of evidence’. Furthermore, the present study analyzed the content of court documents ‘the object of seizure and the limitation of methods’ attached to a seizure and search warrant issued by a court and judicial precedents of Supreme Court. This study proposed a digital forensic investigation model that is suited to Korea’s legal environment based on the analysis of current laws and judicial precedents. This research put forward methods of seizing digital evidence and their specific procedures and also suggested how to process evidence of new criminal facts that can be found when analyzing evidence, how to guarantee and notify the participation right of people whose possessions are seized, and how to make and issue a list of seized items.

 
목차
Ⅰ. 서 론
Ⅱ. 유비쿼터스 컴퓨팅 환경과 디지털 포렌식 수사절차
Ⅲ. 현행 디지털 증거수집 관련 법령 및 판례 분석
Ⅳ. 증거수집 단계에서 디지털 포렌식 수사절차 제안
Ⅴ. 결 론

주제어
디지털 포렌식  ,디지털 증거  ,압수  ,수색  ,유비쿼터스 컴퓨팅  ,증거수집  ,Digital Forensic  ,Digital Evidence  ,Search and Seizure  ,Ubiquitous Computing  ,Collecting Evidence