본 논문에서는 디지털 증거수집의 문제점을 파악하기 위하여 피수사자, 변호사를 대상으로 실태조사를 실시하였다. 실태조사를 통해 피수사자와 변호사가 주장하는 문제점을 심층 분석하여 당사자들의 의견을 반영한 인권친화적인 수사절차를 마련하는데 기초 자료로 삼고자 한다. 실태조사 결과 현행 디지털 증거수집 절차는 디지털 증거수집과정에서 발생하는 인권침해상황에는 적절히 대응하지 못하고 있는 것으로 조사되었다. 피수사자와 변호사들은 디지털 증거수집 과정에서 시급히 개선해야할 사항으로 광범위한 압수·수색으로 인한 개인의 프라이버시권 침해를 지적하였다. 이밖에 영장집행 전 사전 통보 및 참여권 보장, 영장심사 강화와 압수대상 범위 특정, 압수물에 대한 신속한 환부와 폐기 절차 마련, 디지털 포렌식 절차에 대한 설명의무 부여, 변호인의 조력을 받을 권리 보장, 법원의 디지털 증거에 대한 검증 역량 강화, 통신자료제공에 대한 통제의 필요성을 개선해야할 사항으로 지적하였다.

This study started to solve problems of legislative deficiency of digital evidence collection. To improve legislation, exact investigation on the actual condition is so necessary that this study examined the actual condition by targeting suspects and lawyers to know cases of human rights infringement generated during the process of digital evidence collection. Through this examination, this study aimed to prepare for human rights-friendly procedures of investigation that will reflect the interested parties’ opinion by doing an in-depth analysis of problems and matters to improve that the interested parties argue. As a matter to improve during the process of digital evidence collection, suspects and lawyers pointed out personal privacy invasion driven by wide seizure and search. Besides, they mentioned that it needs to give a prior notification before the execution of a warrant, guarantee the right to participate, strengthen an investigation to determine a warrant's validity, specify the scope of target of seizure, return seized article rapidly and prepare for discard, give the right to explain investigation procedures, guarantee the right to receive support from the counsel, and reinforce capability to verify the court’s digital evidence. This study doesn’t not simply look into cyber investigation and the actual condition of digital evidence collection but problems of current investigation procedures and matters to improve in terms of the interested parties, which is meaningful that based on this, it suggested measures to improve.

This study started to solve problems of legislative deficiency of digital evidence collection. To improve legislation, exact investigation on the actual condition is so necessary that this study examined the actual condition by targeting suspects and lawyers to know cases of human rights infringement generated during the process of digital evidence collection. Through this examination, this study aimed to prepare for human rights-friendly procedures of investigation that will reflect the interested parties’ opinion by doing an in-depth analysis of problems and matters to improve that the interested parties argue. As a matter to improve during the process of digital evidence collection, suspects and lawyers pointed out personal privacy invasion driven by wide seizure and search. Besides, they mentioned that it needs to give a prior notification before the execution of a warrant, guarantee the right to participate, strengthen an investigation to determine a warrant's validity, specify the scope of target of seizure, return seized article rapidly and prepare for discard, give the right to explain investigation procedures, guarantee the right to receive support from the counsel, and reinforce capability to verify the court’s digital evidence. This study doesn’t not simply look into cyber investigation and the actual condition of digital evidence collection but problems of current investigation procedures and matters to improve in terms of the interested parties, which is meaningful that based on this, it suggested measures to improve.

Digital evidence. Search and seizure, Digital forensics, Digital data, Collecting evidence, Research on the actual condition