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첨단 과학수사 정책 및 포렌식 기법 종합발전방안 연구 (I)
- 작성일2019.01.29
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| 연구책임자 | 김한균 | 소속기관 | 한국형사·법무정책연구원 |
|---|---|---|---|
| 내부연구참여자 | 김한균 외 15인 | 외부참여연구자 | |
| 발행기관 | 한국형사·법무정책연구원 | 공개여부 | 공개 |
| 출판일 | 2018년 12월 | 등록일 | 2019.01.29 |
| 페이지 | 0 | 분류기호 | 18-CB-02 |
| 언어 | 한국어 | 판매여부 | 판매 |
| 판매가격 | 15,000원 | 보고서유형 | |
| ISBN | 표준분류 | ||
| 연구유형 | 자료유형 |
국문요약 ······························································1
❘총괄❘ 서론 ∙ 김한균 ·······················································9
❘제1장❘ 연구의 의의와 목적 ···········································11
제1절 국가과학수사정책 연구(2018-2023년)의 배경과 의미 ···················13
1. 4차산업혁명시대 첨단과학기술 활용을 통한 형사정책 발전가능성 ·········15
2. 정책·법제·기법의 종합연구를 통한 국가과학수사정책 체계화 필요성 ····15
제2절 정책연구로서의 실천적 목적 ·················································16
1. 국가과학수사정책의 기본틀 확립을 통한 체계적 발전방안 모색 ············16
2. 첨단과학수사정책 및 포렌식 기법 발전을 통한 국민안전과 인권보장 ··· 18
❘제2장❘ 연구의 얼개와 방법 ···········································19
제1절 연구 얼개와 주제 ····························································21
1. 전체 연구 얼개와 주제 ······················································21
2. 2018년도 연구 얼개와 주제 ···················································22
제2절 연구수행체계와 연구방법 ························································23
1. 연구수행체계 ····························································23
2. 연구 방법 ···································································24
❘제1부❘ 국가 과학수사정책의 발전성과 평가
∙ 윤해성·최혜선·박윤석 ············································27
❘제1장❘ 국내 과학수사 법제 및 정책 개관 ····················29
제1절 형사정책과 과학수사정책 ····················································31
1. 과학수사정책의 추세 ·····················································31
2. 형사정책적 의미 ······························································35
제2절 과학수사법제의 개관 및 평가과제 ····················································40
1. 디지털 포렌식 분야 ······························································40
2. 바이오 포렌식 분야 ··································································42
❘제2장❘ 국내 과학수사 정책 발전성과와 한계 ···············51
제1절 경찰의 과학수사 정책 ·························································53
1. 경찰 과학수사 정책의 발전 경과 ······················································53
2. 경찰의 과학수사 관련 법제 ···························································55
3. 경찰 과학수사의 현황 및 주요 정책 ··························································56
4. 경찰 과학수사의 한계 ···························································63
제2절 검찰의 과학수사 정책 ························································65
1. 검찰 과학수사의 발전 ·································································65
2. 검찰의 과학수사 관련 법제 ···························································65
3. 검찰 과학수사 현황 및 주요 정책 ·····················································67
4. 검찰 과학수사의 한계 ·····························································84
제3절 국립과학수사연구원의 과학수사 정책 ···············································87
1. 국립과학수사연구원 과학수사의 발전 ·························································87
2. 국립과학수사연구원의 과학수사 관련 법제 ···············································88
3. 국립과학수사연구원 과학수사 현황 및 주요 정책 ····································88
4. 국립과학수사연구원 과학수사의 한계 ·························································91
❘제3장❘ 과학수사 기반법률 발전 성과와 한계 ···············93
제1절 포렌식 관련 발의 법안 주요 내용 ···················································95
1. 디지털 포렌식 관련 발의 법안 ··························································95
2. 바이오 포렌식 관련 발의 법안 ·····························································99
제2절 과학수사 개선발전을 위한 입법정책 ··············································104
1. 디지털 포렌식의 입법 정책 ···················································104
2. 바이오 포렌식의 입법정책 ····························································107
3. 소결 ·······························································113
❘제4장❘ 첨단 과학수사정책의 전망 ······························115
제1절 디지털 및 바이오 정보, 그리고 증거 ············································117
제2절 전망 ····························································119
❘제2부❘ 과학수사 정책의 비교법제 평가 ∙ 김대원·이원상 ·· 127
❘제1장❘ 주요국가 과학수사 정책의 발전 ······················129
제1절 미국의 과학수사 정책 발전 ····························································131
1. 미국 과학수사 개관 ·····························································131
2. 미국의 과학수사 조직 및 기능 – 연방을 중심으로 ································146
제2절 독일의 과학수사 정책 발전 ····························································149
1. 독일 과학수사 개관 ·································································149
2. 독일연방수사청(BKA) 포렌식 과학연구소(KTI) ······································152
제3절 일본의 과학수사 정책 발전 ····························································169
1. 일본 과학수사 개관 ·······························································169
2. 일본의 과학수사 조직 및 기능 ·················································192
제4절 과학수사 정책 발전동향 평가 ························································194
1. 미국 법과학 정책의 시사점 ·····················································194
2. 독일 법과학 정책의 시사점 ······················································195
3. 일본 법과학 정책의 시사점 ··························································198
❘제2장❘ 주요국가 과학수사 법제의 발전 ······················199
제1절 미국의 과학수사 법제 발전 ····························································201
1. 미국의 과학수사 법제 개관 ······················································201
제2절 독일의 과학수사 법제 발전 ····························································209
1. 독일 과학수사 법제 개관 ···························································209
제3절 일본의 과학수사 법제 발전 ····························································219
1. 일본 과학수사 법제 개관 ························································219
제4절 과학수사 법제 발전동향 평가 ························································220
❘제3장❘ 과학수사 법제 및 정책의 국제적 기준 ···········223
제1절 유엔차원에서의 법제 및 정책의 기준 ············································225
제2절 유엔범죄방지 형사사법 위원회 ·······················································226
1. 유엔범죄방지 형사사법 위원회(CCPCJ) ···················································226
2. 유엔마약 및 범죄사무소(UNODC) ···························································230
제3절 유럽평의회와 유럽연합 ························································238
1. 유럽평의회 ·····························································238
2. 유럽연합 ····························································247
❘제4장❘ 과학수사 정책적 의의와 정책과제 전망 ·········277
❘제3부❘ 과학수사 주요 판례동향 검토 분석
∙ 이경렬·차종진 ····················································283
❘제1장❘ 서 론 ·······························································285
❘제2장❘ 국내 주요 과학수사 판례 평석 ·······················291
제1절 전자정보의 압수·수색 적격성
- 대법원 1999. 9. 3. 선고 99도2317, 2318 판결 ··················293
1. 사건의 개요 ····································································293
2. 주요 쟁점사항 ·····································································294
3. 법원의 판단 ·····································································294
4. 선행연구 및 검토 ·································································295
제2절 무관정보 압수·수색의 적법성과 참여권 보장
- 대법원 2015. 7. 16. 자 2011모1839 전원합의체 결정 ········299
1. 사건의 개요 ······································································299
2. 주요 쟁점사항 ·······························································300
3. 법원의 판단 ·······························································300
4. 선행연구 및 검토 ·································································304
제3절 압수·수색정보의 범죄사실 관련성
- 대법원 2011. 5. 26. 자 2009모1190 결정 ···························309
1. 사건의 개요 ·······························································309
2. 주요 쟁점사항 ·································································310
3. 법원의 판단 ·································································310
4. 선행연구 및 검토 ·····························································315
제4절 디지털 증거의 무결성·동일성
- 대법원 2013. 7.26. 선고 2013도2511 판결 ·························318
1. 사건의 개요 ·································································318
2. 주요 쟁점사항 ····································································319
3. 법원의 판단 ·····················································319
4. 선행연구 및 검토 ·····························································322
제5절 디지털 증거와 전문법칙
- 대법원 2015. 7.16. 선고 2015도2625 전원합의체 판결 ·······325
1. 사건의 개요 ······················································325
2. 주요 쟁점사항 ·················································326
3. 법원의 판단 ······························································327
4. 선행연구 및 검토 ································································330
제6절 전자정보의 원격지 압수·수색
- 대법원 2017.11.29. 선고 2017도9747 판결 ·························334
1. 사건의 개요 ·································································334
2. 주요 쟁점사항 ··································································335
3. 법원의 판단 ·································································335
4. 선행연구 및 검토 ·································································340
❘제3장❘ 주요 국가 과학수사 판례 평석 ·······················345
제1절 미국의 과학수사 판례동향 ··························································347
1. 전자정보의 압수·수색 적격성
- U.S. v. New York Telephone Co. 사례 ········································347
2. 전자정보 압수·수색 대상의 특정성 - U.S. v. Hill 사례 ······················350
3. 전자정보 압수·수색의 피의사실 관련성
- U.S. v. Comprehensive Drug Testing Services 사례 ·················354
4. Planin View 원칙의 적용 - U.S. v. Mann 사례 ······························363
5. 원격지 압수·수색 - U.S v. Gorshkov 사례 ·········································368
제2절 독일의 과학수사 판례동향 ··················································371
1. 전자정보의 압수 대상 적격성과 참여권의 보장
- BVerfG, Beschluß vom 12. 4. 2005 – 2 BvR 1027/2 ············371
2. 메일서버에 저장된 이메일 증거의 보전 및 압수
- BVerfG, Urteil vom 16. 6. 2009 – 2 BvR 902 / 06 ·················380
3. 온라인 수색 - BVerfG, Urteil vom 27.02.2008 – 1 BvR 370/07,
1 BvR 595/07 ·······························································387
4. 이메일 계정 정보의 포괄적 압수에서 비례성원칙
- BVerfG, Beschluß vom 15. 8. 2014 – 2 BvR 969/14 ··············392
제3절 일본의 과학수사 판례동향 ··················································397
1. 전자정보의 압수 대상 적격성
- 最高裁判所 平成 10年 5月 1日 決定, 平成10年（し）第四五号·········397
2. 압수·수색 정보의 범죄사실 관련성 – 포괄적 압수의 문제
- 大阪高等裁判所 平成３年１１月 ６日 決定, 平成２年（う）第１１８５号·· 400
3. 전자정보 관련 일본 형사소송법 개정 내용 소개 ····································403
4. 입법의 한계 – 원격지 접속·검증 사례
- 東京高等裁判所 平成28年 12月 7日 判決, 平成２８年(う)第７２７号···· 408
❘제4장❘ 과학수사정책적 의의와 정책과제 전망 ···········415
제1절 논의의 정리 ································································417
1. 전자정보의 압수·수색 적격성 ····················································417
2. 피압수 당사자 등의 참여권 보장 ·····················································418
3. 무관한 전자정보의 압수·수색 ·············································419
4. 전자정보 증거의 무결성·동일성 ······················································422
5. 디지털 증거와 전문법칙 ·························································423
6. 온라인 수색 ······························································423
7. 전자정보의 원격지 압수·수색 ·····················································424
제2절 정책과제 도출 ·····························································425
제3절 향후 연구 과제 ························································428
1. 바이오 인식 정보 ······························································429
2. 사물인터넷 ·························································430
3. 인터넷 패킷 감청 ···························································432
4. 통섭적 연구의 필요성 ·························································433
❘제4부❘ 과학수사와 디지털포렌식 발전동향
검토 분석 ∙ 이덕규·이창훈·권양섭 ··························435
❘제1장❘ 서 론 ·······························································437
❘제2장❘ 현행 디지털 포렌식 운용 기술 및 기술 분류 ··443
제1절 디지털 포렌식 기술 분석 ·······························································445
1. 공개된 증거의 수집 ····························································445
2. 사용자 관련 정보의 수집 ······················································447
3. 저장된 디지털 증거의 수집 근거 ·····························································449
4. 디지털 증거수집 도구의 신뢰성 검증 방안 ·············································453
❘제3장❘ 분류체계 개념 및 필요성 ································455
제1절 분류체계 주요내용 ··························································457
1. 증거법상 디지털 증거의 특성 ························································457
2. 진정성과 무결성 문제 ·······························································458
3. 디지털 증거의 신뢰성 문제 ························································463
4. 디지털 증거의 원본성 문제 ·····························································465
5. 디지털 포렌식의 무결성 입증 방법 ··························································466
제2절 기술분류에 따른 디지털 포렌식 기술 체계 ···································472
❘제4장❘ 디지털 포렌식 기술 실무 및 법적 장벽 ·········473
제1절 디지털포렌식 기술의 수사실무 및 대응 상 한계 ···························475
1. 조사방법 ···································································475
2. 기반기술 ·······························································475
3. 응용기술 ····························································479
제2절 디지털 포렌식과 법적 장벽 ····························································482
1. 하드웨어 ·······································································482
2. 소프트웨어 ·····································································486
3. 운영체제 ··································································488
4. 디바이스 ·········································································491
5. 대규모 운영환경 ·································································495
❘제5장❘ 향후 연구 방향과 연구 추진 방향 ··················499
❘제5부❘ 과학수사와 바이오포렌식 발전동향
검토 분석 ∙ 김면기·유승진 ···································503
❘제1장❘ 서 론 ·······························································505
❘제2장❘ 주요 선진국의 바이오 포렌식 발전현황 ·········511
제1절 들어가며 ·····························································513
제2절 미국 ·········································································515
1. 미국의 바이오 포렌식 동향 ··············································515
2. 연방기관의 바이오포렌식 ······················································523
3. 주기관의 바이오 포렌식: 뉴욕(New York) 주를 중심으로 ···················530
제3절 영국 ·········································································534
1. 영국 바이오 포렌식 동향 ····················································534
2. 경찰기관 소속의 바이오 포렌식 ·······························································538
3. 사설 기관의 바이오포렌식 (Forensic Science Providers) ···············540
제4절 독일 ········································································540
1. 독일의 바이오 포렌식 동향 ································································540
2. 연방기관의 바이오포렌식 ·······························································543
3. 주기관의 바이오포렌식 ······························································545
제5절 일본 ········································································546
1. 일본 바이오 포렌식 동향 ······························································546
2. 경찰청 소속 과학경찰연구소 ························································550
3. 지방경찰 소속 과학수사연구소 ·····················································551
제6절 바이오 포렌식과 심리학: 학계의 논의를 중심으로 ························551
1. 바이오 포렌식과 오류의 가능성 ·····················································551
2. 바이오 포렌식과 인지편향 ································································553
3. 인지편향을 최소화하기 위한 제안들 ························································555
제7절 분석 및 평가 ································································557
❘제3장❘ 국내 바이오 포렌식 기관 현황 및
공인인정제도 ···················································561
제1절 들어가며 ··································································563
제2절 국내 바이오 포렌식 기관 현황 ······················································565
1. 국립과학수사연구원 ·································································565
2. 경찰청 과학수사관리관실 ···························································575
3. 대검찰청 과학수사부 ·······························································580
4. 국방부조사본부 과학수사연구소 ·······························································583
제3절 국내 공인 인정제도 ·······································································587
1. 개관 ·············································································587
2. 공인인정기구 인증을 받은 바이오 포렌식 업무 현황 ····························589
제4절 분석 및 평가 ··························································595
❘제4장❘ 국내 바이오 포렌식 기법 개발의 현안 ···········597
제1절 들어가며 ·······································································599
제2절 DNA 감정기법 ····························································600
1. DNA 메틸화 분석법을 활용한 연령 추정 ···············································600
2. 차세대염기서열분석법 적용 등 분석기법 개발 ········································604
3. STR 마커 확장에 따른 한국인 유전자 분석 및 적용 ····························607
제3절 법독성 분야 ······························································610
1. 끝없는 마약과의 전쟁 ·····························································610
2. 향정신성약물 오남용 및 기타 약독물 중독에 대한 대처 ·······················617
제4절 법화학 분야 ······························································620
1. 화학적 지문을 통한 성분 분석 ·································································620
2. 감정 결과의 객관성 확보를 위한 노력 ····················································623
제5절 분석 및 평가 ··························································626
❘제5장❘ 결 론 ·······························································629
제1절 논의의 정리 ···························································631
제2절 정책적 시사점 ······························································632
1. 국가단위의 바이오 포렌식 리더십 확립 ··················································632
2. 개별 감정기법의 신뢰성 향상 ···································································633
3. 바이오 포렌식 데이터베이스 구축 ····························································634
4. 외국 법과학 기관과의 협력·교류 강화 ····················································635
5. 바이오 포렌식과 심리학적 논의 활성화 필요 ·········································635
제3절 전망과 과제 ······························································636
1. 전망 ····································································636
2. 과제 ············································································638
❘제6부❘ 과학수사와 법심리분석 발전동향
검토 분석 ∙ 조은경·김민지·이윤정 ··························641
❘제1장❘ 서 론 ·······························································643
제1절 법심리학의 정의 ····························································645
제2절 법심리학의 세부 연구 분야 ····························································646
1. 경찰 및 수사 분야 ··························································648
2. 사실판단자(판사 및 배심원)의 의사결정 분야 ·········································649
3. 법심리학적 평가 및 법적 치료 분야 ························································650
4. 형사사법제도 내 취약집단 관련 분야 ······················································651
5. 소결 ·······································································653
❘제2장❘ 주요 선진국의 법심리 분야 정책 발전 현황 ·· 655
제1절 미국의 법심리 정책 발전 ·······························································657
1. 미국법심리학회 ·································································657
2. 미국법심리학의 발전 ······························································660
3. 법심리학의 활용 ·······································································661
4. 소결 ···········································································663
제2절 영국의 법심리 정책 발전 ·······························································664
1. 영국법심리학회 ····································································664
2. 영국 법심리학의 발전 ······························································666
3. 법심리학의 활용 ····································································668
4. 소결 ······································································670
제3절 독일의 법심리 정책 발전 ·····························································670
1. 독일의 법심리학 발전 ·······························································670
2. 독일 법심리학의 최근 현황 ·····························································672
3. 법심리학 연구의 최근 동향 ······························································676
4. 독일에서 법심리학의 활용 ······························································677
5. 소결 ··········································································684
❘제3장❘ 국내 수사절차에서 법심리 유관정책 및
발전 동향 분석 ···············································685
제1절 범죄 프로파일링관련 정책 발전 동향 ············································687
1. 범죄 프로파일링 개괄 ····························································687
2. 범죄 프로파일링 실무활용사례 ·····························································694
3. 범죄 프로파일링 인력 및 조직 운영현황 ················································697
4. 소결 ·······································································711
제2절 진술분석 관련 정책 발전 동향 ······················································713
1. 진술분석 개괄 ·····································································713
2. 진술분석 실무활용사례 ···························································719
3. 진술분석 조직 및 인력 운영현황 ·····························································723
4. 소결 ··········································································737
제3절 폴리그래프 관련 정책 발전 동향 ···················································738
1. 폴리그래프 개괄 ··································································738
2. 폴리그래프 관련 주요 판례 ······················································744
3. 폴리그래프 타당도 관련 쟁점 ···················································750
4. 폴리그래프 관련 조직 및 인력 운영현황 ················································753
5. 소결 ·······································································767
❘제4장❘ 국내 수사절차에서 법심리 기법 관련 현안 ····769
제1절 소년범 조사시 법심리 정책 및 발전 동향 ·····································771
1. 소년범 조사시 전문가참여제에서의 범죄심리사 역할 ·····························771
2. 범죄심리사 관련 인력관리 및 조직운영 ··················································777
3. 소결 ·····································································780
제2절 피해자전담경찰관 관련 정책 및 발전 동향 ···································782
1. 피해자전담경찰관의 개괄 ····················································782
2. 피해자전담경찰관 인력관리 및 조직운영 ·················································787
3. 소결 ·····································································792
제3절 재범위험성 평가 ······················································794
1. 재범위험성 평가 개괄 ······················································794
2. 소결 ······································································805
제4절 범죄피해평가 관련 정책 및 발전 동향 ··········································806
1. 범죄피해평가 제도의 개괄 ····················································806
2. 범죄피해평가제도 관련 인력관리 및 조직운영 ········································811
3. 소결 ···························································813
❘제5장❘ 과학수사정책적 의의와 전망 ···························815
제1절 논의의 정리 ························································817
제2절 전망과 과제 ···················································818
1. 전망 ······························································818
2. 향후 과제 ·························································819
❘제7부❘ 총괄결론 - 국가 과학수사정책 기획과
포렌식기법 종합 발전 방안 ∙ 김한균 ·················821
제1절 첨단 과학수사정책 및 포렌식 기법 발전의 전망과 과제 ···············823
1. 과학수사정책 및 포렌식 기법 발전 동향 개관 ·······································823
2. 과학수사정책 및 포렌식 기법의 체계화와 첨단화를 위한 전망과 과제 ··824
제2절 국가 과학수사정책의 발전성과 평가 ··············································826
제3절 과학수사 정책의 비교법제 평가 ·····················································827
제4절 과학수사 주요 판례동향 검토 분석 ···············································828
제5절 과학수사와 디지털포렌식 발전동향 검토 분석 ······························830
제6절 과학수사와 바이오포렌식 발전동향 검토 분석 ······························831
제7절 과학수사와 법심리분석 발전동향 검토 분석 ··································832
참고문헌 ·······························································835
Abstract ······························································863
❘총괄❘ 서론 ∙ 김한균 ·······················································9
❘제1장❘ 연구의 의의와 목적 ···········································11
제1절 국가과학수사정책 연구(2018-2023년)의 배경과 의미 ···················13
1. 4차산업혁명시대 첨단과학기술 활용을 통한 형사정책 발전가능성 ·········15
2. 정책·법제·기법의 종합연구를 통한 국가과학수사정책 체계화 필요성 ····15
제2절 정책연구로서의 실천적 목적 ·················································16
1. 국가과학수사정책의 기본틀 확립을 통한 체계적 발전방안 모색 ············16
2. 첨단과학수사정책 및 포렌식 기법 발전을 통한 국민안전과 인권보장 ··· 18
❘제2장❘ 연구의 얼개와 방법 ···········································19
제1절 연구 얼개와 주제 ····························································21
1. 전체 연구 얼개와 주제 ······················································21
2. 2018년도 연구 얼개와 주제 ···················································22
제2절 연구수행체계와 연구방법 ························································23
1. 연구수행체계 ····························································23
2. 연구 방법 ···································································24
❘제1부❘ 국가 과학수사정책의 발전성과 평가
∙ 윤해성·최혜선·박윤석 ············································27
❘제1장❘ 국내 과학수사 법제 및 정책 개관 ····················29
제1절 형사정책과 과학수사정책 ····················································31
1. 과학수사정책의 추세 ·····················································31
2. 형사정책적 의미 ······························································35
제2절 과학수사법제의 개관 및 평가과제 ····················································40
1. 디지털 포렌식 분야 ······························································40
2. 바이오 포렌식 분야 ··································································42
❘제2장❘ 국내 과학수사 정책 발전성과와 한계 ···············51
제1절 경찰의 과학수사 정책 ·························································53
1. 경찰 과학수사 정책의 발전 경과 ······················································53
2. 경찰의 과학수사 관련 법제 ···························································55
3. 경찰 과학수사의 현황 및 주요 정책 ··························································56
4. 경찰 과학수사의 한계 ···························································63
제2절 검찰의 과학수사 정책 ························································65
1. 검찰 과학수사의 발전 ·································································65
2. 검찰의 과학수사 관련 법제 ···························································65
3. 검찰 과학수사 현황 및 주요 정책 ·····················································67
4. 검찰 과학수사의 한계 ·····························································84
제3절 국립과학수사연구원의 과학수사 정책 ···············································87
1. 국립과학수사연구원 과학수사의 발전 ·························································87
2. 국립과학수사연구원의 과학수사 관련 법제 ···············································88
3. 국립과학수사연구원 과학수사 현황 및 주요 정책 ····································88
4. 국립과학수사연구원 과학수사의 한계 ·························································91
❘제3장❘ 과학수사 기반법률 발전 성과와 한계 ···············93
제1절 포렌식 관련 발의 법안 주요 내용 ···················································95
1. 디지털 포렌식 관련 발의 법안 ··························································95
2. 바이오 포렌식 관련 발의 법안 ·····························································99
제2절 과학수사 개선발전을 위한 입법정책 ··············································104
1. 디지털 포렌식의 입법 정책 ···················································104
2. 바이오 포렌식의 입법정책 ····························································107
3. 소결 ·······························································113
❘제4장❘ 첨단 과학수사정책의 전망 ······························115
제1절 디지털 및 바이오 정보, 그리고 증거 ············································117
제2절 전망 ····························································119
❘제2부❘ 과학수사 정책의 비교법제 평가 ∙ 김대원·이원상 ·· 127
❘제1장❘ 주요국가 과학수사 정책의 발전 ······················129
제1절 미국의 과학수사 정책 발전 ····························································131
1. 미국 과학수사 개관 ·····························································131
2. 미국의 과학수사 조직 및 기능 – 연방을 중심으로 ································146
제2절 독일의 과학수사 정책 발전 ····························································149
1. 독일 과학수사 개관 ·································································149
2. 독일연방수사청(BKA) 포렌식 과학연구소(KTI) ······································152
제3절 일본의 과학수사 정책 발전 ····························································169
1. 일본 과학수사 개관 ·······························································169
2. 일본의 과학수사 조직 및 기능 ·················································192
제4절 과학수사 정책 발전동향 평가 ························································194
1. 미국 법과학 정책의 시사점 ·····················································194
2. 독일 법과학 정책의 시사점 ······················································195
3. 일본 법과학 정책의 시사점 ··························································198
❘제2장❘ 주요국가 과학수사 법제의 발전 ······················199
제1절 미국의 과학수사 법제 발전 ····························································201
1. 미국의 과학수사 법제 개관 ······················································201
제2절 독일의 과학수사 법제 발전 ····························································209
1. 독일 과학수사 법제 개관 ···························································209
제3절 일본의 과학수사 법제 발전 ····························································219
1. 일본 과학수사 법제 개관 ························································219
제4절 과학수사 법제 발전동향 평가 ························································220
❘제3장❘ 과학수사 법제 및 정책의 국제적 기준 ···········223
제1절 유엔차원에서의 법제 및 정책의 기준 ············································225
제2절 유엔범죄방지 형사사법 위원회 ·······················································226
1. 유엔범죄방지 형사사법 위원회(CCPCJ) ···················································226
2. 유엔마약 및 범죄사무소(UNODC) ···························································230
제3절 유럽평의회와 유럽연합 ························································238
1. 유럽평의회 ·····························································238
2. 유럽연합 ····························································247
❘제4장❘ 과학수사 정책적 의의와 정책과제 전망 ·········277
❘제3부❘ 과학수사 주요 판례동향 검토 분석
∙ 이경렬·차종진 ····················································283
❘제1장❘ 서 론 ·······························································285
❘제2장❘ 국내 주요 과학수사 판례 평석 ·······················291
제1절 전자정보의 압수·수색 적격성
- 대법원 1999. 9. 3. 선고 99도2317, 2318 판결 ··················293
1. 사건의 개요 ····································································293
2. 주요 쟁점사항 ·····································································294
3. 법원의 판단 ·····································································294
4. 선행연구 및 검토 ·································································295
제2절 무관정보 압수·수색의 적법성과 참여권 보장
- 대법원 2015. 7. 16. 자 2011모1839 전원합의체 결정 ········299
1. 사건의 개요 ······································································299
2. 주요 쟁점사항 ·······························································300
3. 법원의 판단 ·······························································300
4. 선행연구 및 검토 ·································································304
제3절 압수·수색정보의 범죄사실 관련성
- 대법원 2011. 5. 26. 자 2009모1190 결정 ···························309
1. 사건의 개요 ·······························································309
2. 주요 쟁점사항 ·································································310
3. 법원의 판단 ·································································310
4. 선행연구 및 검토 ·····························································315
제4절 디지털 증거의 무결성·동일성
- 대법원 2013. 7.26. 선고 2013도2511 판결 ·························318
1. 사건의 개요 ·································································318
2. 주요 쟁점사항 ····································································319
3. 법원의 판단 ·····················································319
4. 선행연구 및 검토 ·····························································322
제5절 디지털 증거와 전문법칙
- 대법원 2015. 7.16. 선고 2015도2625 전원합의체 판결 ·······325
1. 사건의 개요 ······················································325
2. 주요 쟁점사항 ·················································326
3. 법원의 판단 ······························································327
4. 선행연구 및 검토 ································································330
제6절 전자정보의 원격지 압수·수색
- 대법원 2017.11.29. 선고 2017도9747 판결 ·························334
1. 사건의 개요 ·································································334
2. 주요 쟁점사항 ··································································335
3. 법원의 판단 ·································································335
4. 선행연구 및 검토 ·································································340
❘제3장❘ 주요 국가 과학수사 판례 평석 ·······················345
제1절 미국의 과학수사 판례동향 ··························································347
1. 전자정보의 압수·수색 적격성
- U.S. v. New York Telephone Co. 사례 ········································347
2. 전자정보 압수·수색 대상의 특정성 - U.S. v. Hill 사례 ······················350
3. 전자정보 압수·수색의 피의사실 관련성
- U.S. v. Comprehensive Drug Testing Services 사례 ·················354
4. Planin View 원칙의 적용 - U.S. v. Mann 사례 ······························363
5. 원격지 압수·수색 - U.S v. Gorshkov 사례 ·········································368
제2절 독일의 과학수사 판례동향 ··················································371
1. 전자정보의 압수 대상 적격성과 참여권의 보장
- BVerfG, Beschluß vom 12. 4. 2005 – 2 BvR 1027/2 ············371
2. 메일서버에 저장된 이메일 증거의 보전 및 압수
- BVerfG, Urteil vom 16. 6. 2009 – 2 BvR 902 / 06 ·················380
3. 온라인 수색 - BVerfG, Urteil vom 27.02.2008 – 1 BvR 370/07,
1 BvR 595/07 ·······························································387
4. 이메일 계정 정보의 포괄적 압수에서 비례성원칙
- BVerfG, Beschluß vom 15. 8. 2014 – 2 BvR 969/14 ··············392
제3절 일본의 과학수사 판례동향 ··················································397
1. 전자정보의 압수 대상 적격성
- 最高裁判所 平成 10年 5月 1日 決定, 平成10年（し）第四五号·········397
2. 압수·수색 정보의 범죄사실 관련성 – 포괄적 압수의 문제
- 大阪高等裁判所 平成３年１１月 ６日 決定, 平成２年（う）第１１８５号·· 400
3. 전자정보 관련 일본 형사소송법 개정 내용 소개 ····································403
4. 입법의 한계 – 원격지 접속·검증 사례
- 東京高等裁判所 平成28年 12月 7日 判決, 平成２８年(う)第７２７号···· 408
❘제4장❘ 과학수사정책적 의의와 정책과제 전망 ···········415
제1절 논의의 정리 ································································417
1. 전자정보의 압수·수색 적격성 ····················································417
2. 피압수 당사자 등의 참여권 보장 ·····················································418
3. 무관한 전자정보의 압수·수색 ·············································419
4. 전자정보 증거의 무결성·동일성 ······················································422
5. 디지털 증거와 전문법칙 ·························································423
6. 온라인 수색 ······························································423
7. 전자정보의 원격지 압수·수색 ·····················································424
제2절 정책과제 도출 ·····························································425
제3절 향후 연구 과제 ························································428
1. 바이오 인식 정보 ······························································429
2. 사물인터넷 ·························································430
3. 인터넷 패킷 감청 ···························································432
4. 통섭적 연구의 필요성 ·························································433
❘제4부❘ 과학수사와 디지털포렌식 발전동향
검토 분석 ∙ 이덕규·이창훈·권양섭 ··························435
❘제1장❘ 서 론 ·······························································437
❘제2장❘ 현행 디지털 포렌식 운용 기술 및 기술 분류 ··443
제1절 디지털 포렌식 기술 분석 ·······························································445
1. 공개된 증거의 수집 ····························································445
2. 사용자 관련 정보의 수집 ······················································447
3. 저장된 디지털 증거의 수집 근거 ·····························································449
4. 디지털 증거수집 도구의 신뢰성 검증 방안 ·············································453
❘제3장❘ 분류체계 개념 및 필요성 ································455
제1절 분류체계 주요내용 ··························································457
1. 증거법상 디지털 증거의 특성 ························································457
2. 진정성과 무결성 문제 ·······························································458
3. 디지털 증거의 신뢰성 문제 ························································463
4. 디지털 증거의 원본성 문제 ·····························································465
5. 디지털 포렌식의 무결성 입증 방법 ··························································466
제2절 기술분류에 따른 디지털 포렌식 기술 체계 ···································472
❘제4장❘ 디지털 포렌식 기술 실무 및 법적 장벽 ·········473
제1절 디지털포렌식 기술의 수사실무 및 대응 상 한계 ···························475
1. 조사방법 ···································································475
2. 기반기술 ·······························································475
3. 응용기술 ····························································479
제2절 디지털 포렌식과 법적 장벽 ····························································482
1. 하드웨어 ·······································································482
2. 소프트웨어 ·····································································486
3. 운영체제 ··································································488
4. 디바이스 ·········································································491
5. 대규모 운영환경 ·································································495
❘제5장❘ 향후 연구 방향과 연구 추진 방향 ··················499
❘제5부❘ 과학수사와 바이오포렌식 발전동향
검토 분석 ∙ 김면기·유승진 ···································503
❘제1장❘ 서 론 ·······························································505
❘제2장❘ 주요 선진국의 바이오 포렌식 발전현황 ·········511
제1절 들어가며 ·····························································513
제2절 미국 ·········································································515
1. 미국의 바이오 포렌식 동향 ··············································515
2. 연방기관의 바이오포렌식 ······················································523
3. 주기관의 바이오 포렌식: 뉴욕(New York) 주를 중심으로 ···················530
제3절 영국 ·········································································534
1. 영국 바이오 포렌식 동향 ····················································534
2. 경찰기관 소속의 바이오 포렌식 ·······························································538
3. 사설 기관의 바이오포렌식 (Forensic Science Providers) ···············540
제4절 독일 ········································································540
1. 독일의 바이오 포렌식 동향 ································································540
2. 연방기관의 바이오포렌식 ·······························································543
3. 주기관의 바이오포렌식 ······························································545
제5절 일본 ········································································546
1. 일본 바이오 포렌식 동향 ······························································546
2. 경찰청 소속 과학경찰연구소 ························································550
3. 지방경찰 소속 과학수사연구소 ·····················································551
제6절 바이오 포렌식과 심리학: 학계의 논의를 중심으로 ························551
1. 바이오 포렌식과 오류의 가능성 ·····················································551
2. 바이오 포렌식과 인지편향 ································································553
3. 인지편향을 최소화하기 위한 제안들 ························································555
제7절 분석 및 평가 ································································557
❘제3장❘ 국내 바이오 포렌식 기관 현황 및
공인인정제도 ···················································561
제1절 들어가며 ··································································563
제2절 국내 바이오 포렌식 기관 현황 ······················································565
1. 국립과학수사연구원 ·································································565
2. 경찰청 과학수사관리관실 ···························································575
3. 대검찰청 과학수사부 ·······························································580
4. 국방부조사본부 과학수사연구소 ·······························································583
제3절 국내 공인 인정제도 ·······································································587
1. 개관 ·············································································587
2. 공인인정기구 인증을 받은 바이오 포렌식 업무 현황 ····························589
제4절 분석 및 평가 ··························································595
❘제4장❘ 국내 바이오 포렌식 기법 개발의 현안 ···········597
제1절 들어가며 ·······································································599
제2절 DNA 감정기법 ····························································600
1. DNA 메틸화 분석법을 활용한 연령 추정 ···············································600
2. 차세대염기서열분석법 적용 등 분석기법 개발 ········································604
3. STR 마커 확장에 따른 한국인 유전자 분석 및 적용 ····························607
제3절 법독성 분야 ······························································610
1. 끝없는 마약과의 전쟁 ·····························································610
2. 향정신성약물 오남용 및 기타 약독물 중독에 대한 대처 ·······················617
제4절 법화학 분야 ······························································620
1. 화학적 지문을 통한 성분 분석 ·································································620
2. 감정 결과의 객관성 확보를 위한 노력 ····················································623
제5절 분석 및 평가 ··························································626
❘제5장❘ 결 론 ·······························································629
제1절 논의의 정리 ···························································631
제2절 정책적 시사점 ······························································632
1. 국가단위의 바이오 포렌식 리더십 확립 ··················································632
2. 개별 감정기법의 신뢰성 향상 ···································································633
3. 바이오 포렌식 데이터베이스 구축 ····························································634
4. 외국 법과학 기관과의 협력·교류 강화 ····················································635
5. 바이오 포렌식과 심리학적 논의 활성화 필요 ·········································635
제3절 전망과 과제 ······························································636
1. 전망 ····································································636
2. 과제 ············································································638
❘제6부❘ 과학수사와 법심리분석 발전동향
검토 분석 ∙ 조은경·김민지·이윤정 ··························641
❘제1장❘ 서 론 ·······························································643
제1절 법심리학의 정의 ····························································645
제2절 법심리학의 세부 연구 분야 ····························································646
1. 경찰 및 수사 분야 ··························································648
2. 사실판단자(판사 및 배심원)의 의사결정 분야 ·········································649
3. 법심리학적 평가 및 법적 치료 분야 ························································650
4. 형사사법제도 내 취약집단 관련 분야 ······················································651
5. 소결 ·······································································653
❘제2장❘ 주요 선진국의 법심리 분야 정책 발전 현황 ·· 655
제1절 미국의 법심리 정책 발전 ·······························································657
1. 미국법심리학회 ·································································657
2. 미국법심리학의 발전 ······························································660
3. 법심리학의 활용 ·······································································661
4. 소결 ···········································································663
제2절 영국의 법심리 정책 발전 ·······························································664
1. 영국법심리학회 ····································································664
2. 영국 법심리학의 발전 ······························································666
3. 법심리학의 활용 ····································································668
4. 소결 ······································································670
제3절 독일의 법심리 정책 발전 ·····························································670
1. 독일의 법심리학 발전 ·······························································670
2. 독일 법심리학의 최근 현황 ·····························································672
3. 법심리학 연구의 최근 동향 ······························································676
4. 독일에서 법심리학의 활용 ······························································677
5. 소결 ··········································································684
❘제3장❘ 국내 수사절차에서 법심리 유관정책 및
발전 동향 분석 ···············································685
제1절 범죄 프로파일링관련 정책 발전 동향 ············································687
1. 범죄 프로파일링 개괄 ····························································687
2. 범죄 프로파일링 실무활용사례 ·····························································694
3. 범죄 프로파일링 인력 및 조직 운영현황 ················································697
4. 소결 ·······································································711
제2절 진술분석 관련 정책 발전 동향 ······················································713
1. 진술분석 개괄 ·····································································713
2. 진술분석 실무활용사례 ···························································719
3. 진술분석 조직 및 인력 운영현황 ·····························································723
4. 소결 ··········································································737
제3절 폴리그래프 관련 정책 발전 동향 ···················································738
1. 폴리그래프 개괄 ··································································738
2. 폴리그래프 관련 주요 판례 ······················································744
3. 폴리그래프 타당도 관련 쟁점 ···················································750
4. 폴리그래프 관련 조직 및 인력 운영현황 ················································753
5. 소결 ·······································································767
❘제4장❘ 국내 수사절차에서 법심리 기법 관련 현안 ····769
제1절 소년범 조사시 법심리 정책 및 발전 동향 ·····································771
1. 소년범 조사시 전문가참여제에서의 범죄심리사 역할 ·····························771
2. 범죄심리사 관련 인력관리 및 조직운영 ··················································777
3. 소결 ·····································································780
제2절 피해자전담경찰관 관련 정책 및 발전 동향 ···································782
1. 피해자전담경찰관의 개괄 ····················································782
2. 피해자전담경찰관 인력관리 및 조직운영 ·················································787
3. 소결 ·····································································792
제3절 재범위험성 평가 ······················································794
1. 재범위험성 평가 개괄 ······················································794
2. 소결 ······································································805
제4절 범죄피해평가 관련 정책 및 발전 동향 ··········································806
1. 범죄피해평가 제도의 개괄 ····················································806
2. 범죄피해평가제도 관련 인력관리 및 조직운영 ········································811
3. 소결 ···························································813
❘제5장❘ 과학수사정책적 의의와 전망 ···························815
제1절 논의의 정리 ························································817
제2절 전망과 과제 ···················································818
1. 전망 ······························································818
2. 향후 과제 ·························································819
❘제7부❘ 총괄결론 - 국가 과학수사정책 기획과
포렌식기법 종합 발전 방안 ∙ 김한균 ·················821
제1절 첨단 과학수사정책 및 포렌식 기법 발전의 전망과 과제 ···············823
1. 과학수사정책 및 포렌식 기법 발전 동향 개관 ·······································823
2. 과학수사정책 및 포렌식 기법의 체계화와 첨단화를 위한 전망과 과제 ··824
제2절 국가 과학수사정책의 발전성과 평가 ··············································826
제3절 과학수사 정책의 비교법제 평가 ·····················································827
제4절 과학수사 주요 판례동향 검토 분석 ···············································828
제5절 과학수사와 디지털포렌식 발전동향 검토 분석 ······························830
제6절 과학수사와 바이오포렌식 발전동향 검토 분석 ······························831
제7절 과학수사와 법심리분석 발전동향 검토 분석 ··································832
참고문헌 ·······························································835
Abstract ······························································863
[협동] 첨단 과학수사 정책 및 포렌식 기법 연구_내지.pdf
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