Untact Trials in the Post-Corona Era: The Issue of e-Discovery... Digital Evidence Forensics Proposed by KDFT

Last August, the Ministry of Justice announced the “Complete Digitization of Criminal Trials” tailored for the untact era by proposing the “Act on the Use of Electronic Documents in Criminal Justice Procedures.” This aims to enhance work efficiency and guarantee the defendant's right to defense in the non-face-to-face era caused by COVID-19. Once enacted, the law will fully digitize the submission, creation, distribution, and management of documents throughout the criminal justice process. An “electronic courtroom” using screen facilities within the courtroom will also be implemented, making it easier to present evidence in court.

COVID-19 has brought changes to the courtroom environment as well. In fact, countries conducting untact video trials are increasing, with tips for “Successful Video Trials” uploaded on the Texas state court website in the United States. Domestically, at the Seoul Central District Court, remote video trials have been conducted where only the judges attend the courtroom in person while the parties involved appear on beam screens.

Along with the spread of untact trials, interest in “eDiscovery” has also increased. eDiscovery, an essential procedure in civil litigation in common law countries, is the process of mutually disclosing evidence such as emails and electronic documents held by both parties before the main trial proceedings. According to a survey by Fronteo USA of 101 U.S. legal professionals, 80% of respondents had experienced eDiscovery for more than six months. Experts predict that the domestic and international eDiscovery industry will grow at about 10% annually until 2026.

eDiscovery consists of stages including forensic collection of litigation-related documents, data processing, hosting, document review, and submission, all of which can be conducted remotely. Since concealment, manipulation, or intentional delay of submission is fundamentally impossible, it allows for a fairer and more rational trial process. However, concerns related to “information security” also exist. When handling a company’s critical documents remotely, there is a possibility of information leakage.

In response, Choi Gyu-jong, CEO of KDFT Korea Digital Forensic Technology Standards Institute Co., Ltd., proposed a digital evidence forensic solution using the “Client Customizing-Based Digital Forensic Service Provision System,” which was filed in September. This invention is designed to provide digital forensic services to clients in various ways, including face-to-face and remote methods, and can be widely applied for both public and private purposes, maximizing client convenience and safety.

CEO Choi explained that by utilizing this system, “Remote forensic services overcome spatial constraints to provide convenience, and by limiting the search targets to relevant data only, it is possible to collect and review large volumes of electronic documents such as emails, images, and video files within a limited time, thereby improving efficiency.” He added, “Setting security levels for each type of data and encrypting the data can reduce the risk of information leakage.”

Meanwhile, KDFT, led by CEO Choi Gyu-jong, a special appraiser registered with the Supreme Court, has pioneered the domestic digital forensic field since 2008. Based on extensive experience receiving forensic appraisals from courts and government agencies, they have established an independent forensic process and provide 1:1 customized forensic services to corporate and individual clients.

This content was produced with the assistance of AI translation services.