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      • KCI등재

        디지털 포렌식과 법적 문제 고찰

        양근원(Yang Kun-Won) 한국형사정책연구원 2006 형사정책연구 Vol.66 No.-

        Recently, the environment consisting of our legal life is changing. The environment is changing from the analog age to digital age. It is a main stream that the analog data has been converted to the digital data, and more than 90% of new information are produced by digital methods nowadays. But these digital environments have produced a new type of evidence called digital evidence. It is questionable that the digital data can be collected, analyzed and used for evidence as same as by the method of physical evidence. Digital data hold a status of independent information which overpass the limitation of physical sphere or space. Large and complex volume of data can be stored in just one flash time and various technologies are used to do it. Furthermore, as digital evidence could be changed and deleted easily. Therefore, digital forensics that legal conception applies to technology and take its result as evidence should be considered in depth. I have covered an overview of digital forensics contained substantially technical factors in terms of characteristics of digital evidence. I have researched an issue of the position and existed formation of digital forensics In this thesis, I have reviewed the legal application in terms of technical issues. Even it could not be enough, this proposed issue hopefully become a triggering point that Korean criminal procedural law could be amended. In addition, there should be a lot of discussion about digital forensics. And Reasonable and justifiable legal system should be introduced with the development of scientific technology.

      • 사이버테러 대응과 현행 절차법 검토

        양근원(Kun-Won Yang) 한국인터넷법학회 2004 인터넷법연구 Vol.3 No.1

        '스콜라' 이용 시 소속기관이 구독 중이 아닌 경우, 오후 4시부터 익일 오전 7시까지 원문보기가 가능합니다.

        Nowadays cybercrime is increasingly threatening the information telecommunication infrastructure. In Korea, the so-called "January 25 Internet incident" made havoc of the whole Internet networks for nine hours on January 25, 2003. In the cyberspace, particularly after the 9?11 Terror, all the states have reinforced their efforts to ensure the security of the computer systems and networks from a variety of cyber attacks. Cyberterrorism is defined as cyber-attacks which, by means of computer viruses, hacking, denial of service, etc., cause or increase nationwide or social unrest and disorder. In most cases, the cyberspace insecurity might be caused by technological problems associated with the Internet. Therefore, it is most important and effective to examine and apply technical countermeasures against such cyber-threats in the first place. And there seems to be a room for the government to intervene to solve those problems. Such characteristics of the Internet as borderlessness, openness, no time limits and rapid technological progress aggravate the difficulties in preventing cyber-attacks. Therefore, in order to tackle the problems, it is necessary to establish laws to enhance relevant technological countermeasures in the area of both substantive and procedural laws. The procedural law is required to provide an appropriate way to keep up with technological aspects of the crime. Examining the existing Korean laws with respect to the cyberterrorism, we can find there are some overlaps of substantive laws, and confused array of procedural laws in comparison with those of other advanced countries including the United States. In order to get proper solutions, it is necessary to deliberately examine the legal systems of other countries and to study the global standards. In particular, the Council of Europe Convention on Cybercrime will make a good example of the procedural law concerning cybercrime. The United States has installed the practical methods for the collection of evidences so as to confront various criminal activities in the cyberspace ever since the "Electronic Communication Privacy Act", as amended from time to time. This article examines the problem of the existing regulations in Korea, and makes suggestions of effective countermeasures in the area of procedural law to prevent cyberterrorism. But it also calls for striking the balance between the effective implementation for the security of cyberspace and the civil liberty, another backbone of our democratic society.

      • KCI등재

        증거법상의 새로운 화두 : 디지털 증거와 디지털 포렌식

        양근원 ( Kun Won Yang ) 한국경찰법학회 2007 경찰법연구 Vol.5 No.1

        Recently, the environment consisting of our legal life is changing. The environment is changing from the analog age to digital age. It is a main stream that the analog data has been converted to the digital data, and more than 90% of new information are produced by digital methods nowadays. But these digital environments have produced a new type of evidence called digital evidence. It is questionable that the digital data can be collected, analyzed and used for evidence as same as by the method of physical evidence. In this thesis, I have reviewed the legal issues of disital evidence. Even it could not be enough, this proposed issues hopefully become a triggering point that Korean criminal procedural law could be amended. And Reasonable and justifiable legal system should be introduced with the development of scientific technology.

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