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A Challenges in Criminal Investigation Due to Advancements in Information and Communication Technology

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2026, 14(2), pp.71~107
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : May 8, 2026
  • Accepted : May 23, 2026
  • Published : May 31, 2026

YeongHun Jeong 1

1호서대학교

Accredited

ABSTRACT

Advancements in Information and Communication Technology (ICT) have fundamentally transformed the environment of criminal investigation, and consequently, investigative agencies are facing new technical, legal, and structural challenges. The major challenges are as follows: 1. Advancement of Digital Forensic Technology and Data Analysis (Technical Challenges) Response to Encryption and Anonymization Technologies: As criminals enhance anonymity using Telegram, the Dark Web, and cryptocurrencies, advanced technology is required to track them and decrypt them. Mass Production of Digital Evidence: With the exponential growth of evidence data due to cloud computing and the use of high-capacity storage media, rapid evidence analysis and data mining technologies utilizing AI are essential. Training Specialized Cybercrime Investigators: Beyond simply collecting physical evidence, specialized investigators equipped with network traffic analysis, coding skills, and more are required. 2. Legal and Institutional Improvements and International Cooperation (Institutional Challenges) Revision of cybercrime-related laws: To respond to new types of crimes (AI deepfakes, ransomware, etc.), it is necessary to overhaul the legal framework and secure investigative powers. Strengthening International Criminal Justice Cooperation: Since servers are often located overseas or criminals are in other countries, a system for rapid information sharing and cooperation with Interpol and foreign investigative agencies is essential. Balancing personal information protection with the necessity of investigation: Clear investigation guidelines and special legal provisions must be established to ensure effective investigations can be conducted within the framework of the Personal Information Protection Act. 3. AI-based Proactive Crime Prevention and Investigation (Structural Challenges) Introduction of Predictive Policing Systems: A system is required that utilizes CCTV, location data, and AI to predict areas and times at risk of crime and analyzes criminal behavior patterns in real time. Integrated Financial, Telecommunications, and Investigation Information Platform: To prevent crimes that infringe upon public welfare, such as voice phishing, a system is needed to respond in real-time by integrating data from relevant agencies (financial institutions, telecommunications companies, and investigative agencies) using AI. 4. Ethics of Virtual Space and Determination of Reality (Ethical Challenges) Digital Realism: It is necessary to identify the reality and respond to crimes occurring not only in physical spaces but also in virtual spaces such as the metaverse at the same level as in reality. Ethics and Transparency of AI Investigations: Transparency must be ensured to prevent issues of bias or controversies regarding the infringement of fundamental rights when utilizing AI investigative tools. In conclusion, advancements in ICT require investigative agencies to go beyond traditional physical investigations and possess genius-level tracking and analysis capabilities in the cyber world.

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