電子情報의 搜索·檢證, 〮押收에 관한 改正刑事訴訟法의 含意

다국어 초록 (Multilingual Abstract)

We should interpret the newly revised Korean Criminal Procedure Law regarding search and seizure for electronic information with the viewpoint of protecting human rights of citizens and social value system. Those goals can be attained with applying relevancy rule. Relevancy has three categories such as subjective, objective and time-limited relevancies. With those bottom lines of relevancies, electronic information can be searched and seized. Relevancy on search has to be widely allowed comparing with seizure. Law enforcement agency should ask to issue warrants to search and seize relevant information to judge. They have to print out and copy relevant information from the computer disk. Only under the exigent circumstance, irrelevant information stored in the computer disk can be searched and seized. They have to notify the search and seizure to citizens before doing it for them to have a chance to make objection. That notification should be made after the search and seizure, if it is not made before that search and seizure.