업무상 개인 모바일 기기 활용에 따른 미국 전자증거개시절차상 쟁점에 관한 소고 = A few thoughts on the issues of the U.S. E-discovery by using personal mobile devices in business

다국어 초록 (Multilingual Abstract)

Recently, due to the generalization of the use of mobile devices and the development of related technologies, a working environment where many people can handle their business anytime and anywhere is being formed and expanded. In addition, the BYOD policy has been widely adopted in various fields to allow an individual to officially utilize his/her mobile device in business. As a result, the type and amount of data stored in mobile devices is also rapidly increasing, and evidence is actively being collected from mobile devices in litigation. In the general nature of society that pursues efficiency, active use of technology that can save time and money will accelerate, and this trend will continue. Therefore, the importance of the data contained in the mobile device will increase continuously, and it is expected that the data produced by the mobile device will soon become the majority of the important evidence. The data stored in the mobile device is also a type of electronic data, but there is a problem in that the characteristics of the mobile device and the environment in which the mobile device is currently used are different from the previous ones. Especially, since personal mobile devices are used in business, personal and work related data are mixed in the devices, causing various problems. In the United States, there is a strong interest in the BYOD in 2014, as it has been assessed that it will be the most problematic in the E-discovery. In addition, recent precedents on the issue of the U.S. E-discovery by using personal mobile devices in business have begun to appear, and discussions have been made more fully, and various attempts have been made to solve realistic problems. The fact that mobile devices are used in business is the same as we are, and the legal reality that may arise may be similar. Therefore, the current state of the United States is worthy of introduction and review. In this article, the following contents were reviewed. First, the utilization of personal mobile devices in business, changes in them and their problems were summarized. Second, the issues of the E-discovery by using personal mobile devices in business were summarized and reviewed. Third, future prospects and implications for our system were reviewed.

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