첨단과학수사 정책 및 포렌식기법 종합발전방안연구 (Ⅵ)

국문요약 ···················································································· 1

제1장 김한균
총론 : 과학수사의 정책적 지향가치와 포렌식 발전의
제도기반 ····································································· 35
제1절 정책가치 지향적 과학수사 거버넌스 ··········································· 38
1. 과학수사와 국가정책 ·········································································· 38
2. 국가 과학수사 거버넌스 ····································································· 39
제2절 국가과학수사정책의 지향가치 ······················································ 41
1. 과학수사의 정책적 지향가치 ······························································· 41
2. 국민인권 보호 ···················································································· 41
3. 국가안보 및 국민안전 보장 ································································· 42
4. 수사효과성 증진 ················································································· 43
5. 형사사법개혁 기여 ············································································· 44

제2장 김기범, 김면기, 이경렬, 정유나, 조은경
회고 : 과학수사 및 포렌식 발전성과와 한계 ··························· 47
제1절 과학수사 분야 유관법제 발전동향 ·············································· 49
1. 유관 법제 발전성과 ············································································ 49
2. 입법 동향 분석 ··················································································· 44
제2절 과학수사 분야 형사판례 발전동향 ············································ 153
1. 서 : 디지털 사회로의 변환 ································································ 153
2. 정보증거의 압수.수색 적격성과 증거의 진정성 및 증거능력 판단 법리 156
3. 전자정보 압수.수색의 적법성에 관한 판례의 기준 ···························· 161
4. 전문(傳聞)의 디지털증거와 전문법칙의 예외 ···································· 173
5. 원격지(역외) 압수.수색의 문제 ························································ 180
6. 결 론 ······························································································· 200
제3절 디지털포렌식 분야 제도 및 기법 발전동향 ······························ 202
1. 국민인권보장 ··················································································· 202
2. 수사효율성 ······················································································ 204
3. 국가안보와 국민안전 ········································································ 210
4. 형사사법개혁과 발전과제 ································································· 218
제4절 바이오포렌식 분야 제도 및 기법 발전 동향 ···························· 224
1. 바이오포렌식 분야 제도 및 기법의 회고 ··········································· 224
2. 외국의 사례 ····················································································· 231
3. 바이오포렌식 분야 제도 및 기법의 한계 ··········································· 236
제5절 법정심리 분야 제도 및 기법 발전 동향 ··································· 238
1. 거짓말탐지 관련 분야 과학수사기법의 발전 성과와 한계 ··················· 238
2. 범죄자 프로파일링, 심리부검, 범죄위험성 평가 분야의 발전 성과와 한계 ·· 246
3. 범죄피해평가와 심리부검 분야의 발전 성과와 한계 ··························· 256

제3장 김기범, 김면기, 이경렬, 조은경
현안 : 과학수사 및 포렌식 현안과 정책수요 ························ 259
제1절 과학수사 분야 형사법 현안과 대책 ·········································· 261
1. 과학수사 관련 법제 현안 ·································································· 261
2. 과학수사 정책 현안 ·········································································· 263
제2절 과학수사 분야 형사판례 현안과 대책 ······································· 287
1. 서 : 디지털 사회로의 전환과 과학수사 현안 ······································ 287
2. 정보통신의 발달과 과학수사 현안 ····················································· 289
3. 과학수사의 최신 쟁점 ······································································· 304
제3절 디지털포렌식 분야 현안과 대책 ················································ 318
1. 국민인권보장 ··················································································· 318
2. 수사효율성 - 아동성착취물 증거처리에 대한 규제 부족 ···················· 320
3. 국가안보와 국민안전 ········································································ 325
4. 형사사법개혁과 발전과제 ································································· 330
제4절 바이오포렌식 분야 현안과 대책 ················································ 332
1. 국민인권보장 측면 ··········································································· 332
2. 수사효과성 측면 ··············································································· 345
3. 국가안보와 국민안전 측면 ······························································· 353
4. 형사사법개혁 ··················································································· 363
제5절 법정심리 분야 현안과 대책 ······················································ 365
1. 법심리 감정의 현안 ·········································································· 365
2. 법심리 감정의 정책수요 ··································································· 379

제4장 김한균, 김기범, 김면기, 이경렬, 조은경
전망 : 정책 원칙과 발전 방향 ··············································· 381
제1절 과학수사 정책 원칙과 발전방향 ················································ 383
1. 법과학(포렌식)의 기본 원리 ····························································· 383
2. 법과학(포렌식) 및 과학수사 체계 정비와 역량 발전 ·························· 386
제2절 디지털 포렌식 정책원칙과 발전방향 ········································· 390
1. 디지털포렌식에 대한 법적 근거 마련 ················································ 390
2. 디지털포렌식에 대한 제도적.기술적 기반 확충 ································ 394
3. 디지털포렌식 기법개발 ···································································· 397
4. 디지털포렌식 인력양성 ··································································· 401
5. 디지털포렌식 신뢰성 제고 ································································ 404
제3절 바이오 포렌식 정책원칙과 발전방향 ········································· 408
1. 국제표준화기구 및 TC272 개관 ······················································· 409
2. ISO/TC 272의 표준화 작업 범위 ···················································· 412
3. 우리나라의 TC272 표준 도입 전략 ·················································· 414
제4절 법정심리 정책원칙과 발전방향 ················································· 416
1. 과학적 증거의 허용기준 ··································································· 416
2. 폴리그래프 검사의 타당성 확보 방안 ················································ 418
3. 정신감정 기법의 타당성 확보 방안 ··················································· 420
4. 법심리 감정 기법의 증거능력 ··························································· 422
5. 법심리 감정 전문가의 역량 강화 ······················································· 428

제5장 김한균
과제 : 국가과학수사정책 발전 기획과 실천과제 권고안 ······ 431
제1절 | 과학수사의 발전방향과 국가정책과제 ···································· 434
1. 기본적 중장기 과제 ········································································· 434
2. 정책현안 과제 ·················································································· 435
제2절 | 첨단 포렌식 기법의 발전방향과 국가정책과제 ······················ 438
1. 디지털 포렌식 기법 발전 과제 ·························································· 438
2. 바이오 포렌식 기법 발전과제 ··························································· 441
3. 법정심리 기법 발전과제 ··································································· 442

참고문헌 ················································································ 444
Abstract ··············································································· 467