정보통신기술이 발달할수록 사이버 영역은 확장되어가고 있다. 사이버 공간에서의 증거수집은 사이버 범죄뿐만 아니라 일반 범죄수사에서도 요구되어지고 있으나, 우리의 형사절차는 아직까지 물리적 공간을 기반으로 하는 체계를 그대로 유지하고 있다. 그러나 사이버 공간은 기존의 물리적 공간과는 다른 특성을 가지고 있으므로 증거를 수집함에 있어서 물리적 공간과는 다른 절차를 요구하고 있다. 본 논문에서는 사이버 공간에서 존재하는 증거유형을 사용자 정보, 서버에 저장된 증거, 정보통신망을 통해 전송중인 정보를 구분하고, 각각의 증거유형에 따른 증거수집절차를 현행 법률을 토대로 검토하였다. 증거수집절차상의 문제점에 대한 개선방안을 제시함에 있어서는 먼저, 법적용의 논리적 체계를 중심으로 하여 현행법 정비방안을 검토하였으며, 구체적인 입법론을 증거유형에 따라 증거수집과 관련된 형사소송법, 정보통신망법, 통신비밀보호법 등에서 제시하였다.

Due to the development of information and communication technology in the recent decades, the cyber space has been expanding at an increasing speed. Collecting evidence in cyber space has become important not only regarding cyber crime investigation but also regarding general crime investigations. However, the current criminal procedure law has not adapted to such changes and its features focus on collecting evidence in physical space. As the cyber space differs from the physical space, there is a need for a different approach in collecting criminal evidence. This paper distinguishes the types of evidence that can be found in cyber space as user information, evidence that can be found on the server, and information that is being transferred via information and communication network. The current investigation procedures which differ according to such types of evidence have been reviewed. In order to suggest possible improvements to such procedures, first, alternatives to modifying the current law were reviewed based on the logic used in the application of law, and second, the specific de lege ferenda is suggested by referring to the law that states the evidence collecting procedure which differs according to the type of evidence.

Due to the development of information and communication technology in the recent decades, the cyber space has been expanding at an increasing speed. Collecting evidence in cyber space has become important not only regarding cyber crime investigation but also regarding general crime investigations. However, the current criminal procedure law has not adapted to such changes and its features focus on collecting evidence in physical space. As the cyber space differs from the physical space, there is a need for a different approach in collecting criminal evidence. This paper distinguishes the types of evidence that can be found in cyber space as user information, evidence that can be found on the server, and information that is being transferred via information and communication network. The current investigation procedures which differ according to such types of evidence have been reviewed. In order to suggest possible improvements to such procedures, first, alternatives to modifying the current law were reviewed based on the logic used in the application of law, and second, the specific de lege ferenda is suggested by referring to the law that states the evidence collecting procedure which differs according to the type of evidence.

Cyber space, Collecting evidences, Search and seizure, Digital evidence, Communication network