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