◀ Again ▶
The Supreme Court’s integrated digital evidence management system, a server that stores and manages electronic information obtained by prosecutors through searches and seizures of cell phones and PCs, is called “DiNet.”
The Supreme Court ruled that it was illegal for the prosecution to store data unrelated to the criminal charges listed in the seizure warrant in this “Dinet” and use it for other investigations.
The prosecution explained that it has no choice but to save the data to demonstrate its evidentiary capacity, but that it is not currently being used in a separate investigation.
This was reported by journalist Ji-in Kim.
◀ Report ▶
In 2018, prosecutors seized and searched the smartphones of municipal officials while investigating suspicions of real estate corruption in Wonju, Gangwon-do.
The prosecution, which kept all materials in “DNet”, including those not related to corruption in development, accidentally discovered a recording file of a phone call containing circumstances in which this public official asked the prosecutor’s investigator to hand over investigative secrets.
The prosecution indicted the investigator suspected of leaking confidential information, but the Supreme Court ruled that the prosecution was not guilty, saying it had collected evidence illegally.
“It is illegal to store electronic information in its entirety on ‘D-Net,’ which should have been deleted and discarded, and to use this data for other investigations.”
The prosecution, who discovered the recording file on “D-Net”, received a search and seizure warrant only a month later, and when the warrant expired after delaying the seizure, a warrant was issued again and only then did they seize the recording file. as official proof.
The Supreme Court stressed that “an unlawful investigation was conducted through continuous searching and viewing of recording files for three months” and that “due process was seriously violated.”
Previously, the first and second trials found the investigator guilty based on the statements of other people involved, but the Supreme Court did not admit this, saying that without the recorded files there would be no statements.
The Supreme Prosecutor’s Office explained: “Unlike in the past, we manage electronic information in accordance with the standards established by the Supreme Court ruling.”
[이창민 변호사/민주사회를위한변호사모임 검경개혁소위원장]
“By creating an independent national forensic center like the National Forensic Service, we can manage the forensic process comprehensively…”
Notably, the Supreme Court reiterated the ruling that it was illegal to store data unrelated to the charges in “DNet”, but the prosecution found that it was inevitable to store the entire electronic information to prove the admissibility of the evidence in court. I’m doing.
I’m Ji-in Kim from MBC News.
Video editing: Hwayoung Lee
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