전자문서의 위변조 가능성과 감식에 관한 연구 (The Legal Review of the Discovery of Electronically Stored Information)

서지정보

· 발행기관 : 민사법의 이론과 실무학회
· 수록지 정보 : 민사법의 이론과 실무 / 15권 / 2호 / 85 ~ 123페이지
· 저자명 : 김도년

초록

An electronic document is not denied the effect as a document just for being in the electronic form unless there is a special regulation by the Framework act on electronic commerce. However, while an actual document is investigated for evidence through the method of documentary evidence, but there is no regulation on how the evidence investigation should be conducted for electronic documents. That is, the legal procedure law for electronic documents rely on the provisions of the civil procedure law which is a general law, and there is no special regulation regarding the probative force as such is yielded to free non-concrete evidence. Therefore, even if the basic conditions of an electronic document are present, such must be verified individually in case the authenticity is in doubt. Therefore, apart from the conditions to secure authenticity of the electronic documents, the method and procedure for authenticity verification are needed. This is a very practical and urgent matter, and thus this report intends to propose a direction in verification and identification of forgery and falsification regarding the forgery/falsification potential of the electronic documents.
The verification method of forgery and falsification of an electronic document is first approached from the perspective encompassing the document originally formed electronically and digitalized document, but the detailed verification methods shall be typed. The document originally formed electronically can employ a special system or electronic signature for identification of forgery and falsification to type the verification method. For digitalized documents, such can be classified into those following the notification of Ministry of Knowledge and Economy and those that are not, and the verification method can be typed accordingly. Especially for digitalized documents, if the document has been scanned into an image file, there is the potential to confirm the authenticity of the document through the characteristics in the document scan process and imaging process other than the certification information such as electronic signatures, and moreover, the normal document verification method can be applied to the identification of electronic documents, further improving the authentication of authenticity for electronic documents.

영어초록

An electronic document is not denied the effect as a document just for being in the electronic form unless there is a special regulation by the Framework act on electronic commerce. However, while an actual document is investigated for evidence through the method of documentary evidence, but there is no regulation on how the evidence investigation should be conducted for electronic documents. That is, the legal procedure law for electronic documents rely on the provisions of the civil procedure law which is a general law, and there is no special regulation regarding the probative force as such is yielded to free non-concrete evidence. Therefore, even if the basic conditions of an electronic document are present, such must be verified individually in case the authenticity is in doubt. Therefore, apart from the conditions to secure authenticity of the electronic documents, the method and procedure for authenticity verification are needed. This is a very practical and urgent matter, and thus this report intends to propose a direction in verification and identification of forgery and falsification regarding the forgery/falsification potential of the electronic documents.
The verification method of forgery and falsification of an electronic document is first approached from the perspective encompassing the document originally formed electronically and digitalized document, but the detailed verification methods shall be typed. The document originally formed electronically can employ a special system or electronic signature for identification of forgery and falsification to type the verification method. For digitalized documents, such can be classified into those following the notification of Ministry of Knowledge and Economy and those that are not, and the verification method can be typed accordingly. Especially for digitalized documents, if the document has been scanned into an image file, there is the potential to confirm the authenticity of the document through the characteristics in the document scan process and imaging process other than the certification information such as electronic signatures, and moreover, the normal document verification method can be applied to the identification of electronic documents, further improving the authentication of authenticity for electronic documents.

참고자료

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