@article{ART002199612},
author={Kim, Woon-Gon},
title={A study on procedures of search and seize in digital data},
journal={Journal of The Korea Society of Computer and Information},
issn={1598-849X},
year={2017},
volume={22},
number={2},
pages={133-139},
doi={10.9708/jksci.2017.22.02.133}
TY - JOUR
AU - Kim, Woon-Gon
TI - A study on procedures of search and seize in digital data
JO - Journal of The Korea Society of Computer and Information
PY - 2017
VL - 22
IS - 2
PB - The Korean Society Of Computer And Information
SP - 133
EP - 139
SN - 1598-849X
AB - Today, the activities of individuals and corporations are dependent not only on digital technology but also on the future of society, which is referred to as the fourth industrial revolution.
Since the traces that arise from the crimes that occur in the digital society are also inevitably developed into a society that should be found in the digital, the judicial dependence of judging by the digital evidence is inevitably increased in the criminal procedure.
On the other hand, considering the fact that many users are using virtual shared computing resources of service providers considering the fact that they are being converted into a cloud computing environment system, searching for evidence in cloud computing resources is not related to crime. The possibility of infringing on the basic rights of the criminal procedure is increased, so that the ability of evidence of digital data which can be used in the criminal procedure is limited.
Therefore, considering these two aspects of digital evidence, this point should be fully taken into account in judging the evidence ability in the post-seizure warrant issuance and execution stage as well as the pre-emptive control. There is a view that dictionary control is useless, but it needs to be done with lenient control in order to materialize post-modern control through judging ability of evidence.
In other words, more efforts are needed than ever before, including legislation to ensure proper criminal procedures in line with the digital age.
KW - Digital data;Evidential digital data;Admissibility of evidence;Hearsay rule;Evidence of illegal collection
DO - 10.9708/jksci.2017.22.02.133
ER -
Kim, Woon-Gon. (2017). A study on procedures of search and seize in digital data. Journal of The Korea Society of Computer and Information, 22(2), 133-139.
Kim, Woon-Gon. 2017, "A study on procedures of search and seize in digital data", Journal of The Korea Society of Computer and Information, vol.22, no.2 pp.133-139. Available from: doi:10.9708/jksci.2017.22.02.133
Kim, Woon-Gon "A study on procedures of search and seize in digital data" Journal of The Korea Society of Computer and Information 22.2 pp.133-139 (2017) : 133.
Kim, Woon-Gon. A study on procedures of search and seize in digital data. 2017; 22(2), 133-139. Available from: doi:10.9708/jksci.2017.22.02.133
Kim, Woon-Gon. "A study on procedures of search and seize in digital data" Journal of The Korea Society of Computer and Information 22, no.2 (2017) : 133-139.doi: 10.9708/jksci.2017.22.02.133
Kim, Woon-Gon. A study on procedures of search and seize in digital data. Journal of The Korea Society of Computer and Information, 22(2), 133-139. doi: 10.9708/jksci.2017.22.02.133
Kim, Woon-Gon. A study on procedures of search and seize in digital data. Journal of The Korea Society of Computer and Information. 2017; 22(2) 133-139. doi: 10.9708/jksci.2017.22.02.133
Kim, Woon-Gon. A study on procedures of search and seize in digital data. 2017; 22(2), 133-139. Available from: doi:10.9708/jksci.2017.22.02.133
Kim, Woon-Gon. "A study on procedures of search and seize in digital data" Journal of The Korea Society of Computer and Information 22, no.2 (2017) : 133-139.doi: 10.9708/jksci.2017.22.02.133