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Review on the Documentability of Electronic Documents in Criminal Procedure of Minor Traffic Offenses
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단순 교통사건 형사사법절차상 전자(화)문서의 문서성에 대한 고찰

논문 기본 정보

Type
Academic journal
Author
Park, Soo Ho (경기도남부지방경찰청) Lee, Sang Jin (고려대학교)
Journal
경찰대학 경찰학연구편집위원회 The Journal of Police Science Vol.19 No.1(Wn.57) KCI Accredited Journals
Published
2019.3
Pages
33 - 57 (25page)

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Review on the Documentability of Electronic Documents in Criminal Procedure of Minor Traffic Offenses
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Research history (2)

2019

Review on the Documentability of Electronic Documents in Criminal Procedure of Minor Traffic Offenses
Pa ,  k ,  Soo Ho The Journal of Police Science 2019.03 Academic journal
단순 교통 사건 형사사법절차상 전자(화)문서의 문서성에 대한 고찰 : 전자(화)문서의 문서성에 대한 고찰
박수호 디지털포렌식학과 2019.01 Thesis
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Abstract· Keywords

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This paper takes a look at the related law that has been regulating regarding the electronic documents and the electronization documents and the problems that have been taking place because of it. And it had considered the evidential documents that were submitted by the investigation cooperator, including the electronic documents of the records of the statements, the protocol of the examination of the suspect, etc., that had been written in terms of the practical affairs by the police, the testifier, etc. regarding the documentability regarding the electronically-handled, electronization documents. Also, it had been intended to propose an improvement plan as an alternative regarding what must be done in order to abolish the investigation documents that had been written on paper under the current law.
In order to solidify the evidential capabilities of the electronic documents and the electronization documents that are distributed in the criminal justice information system as the documents, firstly, the electronic mission of an electronic document must be written and electronically signed by a police officer as currently carried out. Secondly, regarding the signing and sealing by the person confirming in the police report regarding the testifier, the victim, and the suspect, the system shall be improved by having the electronic signature put in through the official certificate. Also, in the case of converting the paper documents into the electronized documents, too, the system shall be improved so that the electronic signatures through the official certificate of the civil petitioner, who is the submitter, can be done. Thirdly, regarding the evidential capabilities of the electronized documents, the furnishing of the facility, the completion of the education, etc. that result from the Regulations on the Procedure and the Method of Writing an Electronized Document (No. 2017-7, the announcement of the Ministry of Science and ICT) and the Regulations on the Electronized Documents Writing Facility or the Detailed Matters of the Equipment Certifying Standard (No. 2012-67, the announcement of the Ministry of Knowledge Economy) must be abided by. Fourthly, the examination and the interpretation that recognize the same effectiveness of the electronic documents and the electronization documents as the paper documents are needed.
I hope that, in the future, with regard to the criminal justice procedure, by having the electronic (electronized) documents receive the recognition of the effectiveness that is the same as the paper documents, the paper documents will not be produced any more.
#전자문서 #전자화문서 #전자(화)문서의 문서성 #형사사법정보시스템 #Electronic Document #Electronized Document #and the Documentability of an Electronic (Electronized) Document #Korea Information System of Criminal Justice Services

Contents

국문요약
Ⅰ. 서론
Ⅱ. 형사사법절차상 전자(화)문서
Ⅲ. 전자(화)문서의 문서성 확보방안
Ⅳ. 결론
참고문헌

References (32)

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이상진 / 2015 / 디지털 포렌식 개론 / 이룬출판사 google schola 박상기 / 2011 / 형법각론 / 박영사 google schola 이재상 / 2010 / 형법각론 / 박영사 google schola 김일수 / 2010 / 형법각론 / 박영사 google schola 최동호 / 1995 / 전자문서의 개념과 종이문서 대체가능성 / 산경연구 3 google schola

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