Investigation Stalled for Nearly Two Months... Prosecution Initiates Improvements in 'Digital Forensics'

Digital forensics, which has played a 'starting point' role in investigations of major cases, has recently become a 'variable' causing delays in investigations, raising concerns inside and outside the prosecution. The Ministry of Justice and the prosecution are actively working on measures to enable faster investigations while fully guaranteeing the legally stipulated 'right to participate in digital forensics' for suspects' defense rights.

Prosecution. Photo by Kim Hyun-min kimhyun81@

According to the legal community on the 26th, many frontline prosecution offices nationwide have experienced significant delays in investigations due to digital forensic procedures over the past month.

The 'Presidential Election Interference Public Opinion Manipulation' case under investigation by the Seoul Central District Prosecutors' Office is a representative example. According to this newspaper's coverage, the special investigation team (led by Chief Prosecutor Kang Baeksin) had not yet completed the digital forensic examination of the seized items from Shin Hakrim, the former chairman of the Media Union and a key figure in the 'false interview' allegations, as of the day before. It has been nearly two months since the search and seizure of Shin's residence and office on the 1st, and the team has been focusing on digital forensic work. Meanwhile, the prosecution has been unable to summon and investigate related parties, resulting in a lack of progress in the investigation.

A prosecution official said, "There were many unexpected variables during the digital forensic process." First, since the digital forensic work had to be conducted in the presence of Shin Hakrim's side, it was difficult to proceed quickly. Shin and his lawyer reportedly attended all procedures of data printing and evidence selection in accordance with the participation rights guaranteed by our Criminal Procedure Act. Accordingly, the prosecution had to conduct digital forensics on dates and times agreed upon with Shin's side, and when there were disagreements during evidence selection, mutual agreement was required, which took time. Additionally, the prosecution found that the amount of data contained in the mobile phones and laptops possessed by Shin was more extensive than expected.

Regarding these unexpected situations, some view that suspects are abusing their right to participate in digital forensics to deliberately delay investigations. However, the prosecution states that there is no alternative. The suspects' right to participate in digital forensics is a right that must be guaranteed by law and cannot be restricted. If participation is limited, there is a concern that the evidence derived from digital forensics may not be admitted in court later due to procedural defects.

In response, the Ministry of Justice and the prosecution are showing unified efforts to improve the related environment. The Ministry of Justice plans to increase the number of investigators dedicated to digital forensics in the prosecution to 92 next year and is pushing forward related measures. The number of dedicated digital forensic investigators was 81 in 2020, 80 in 2021, 78 in 2022, and 86 last month. The Seoul Eastern District Prosecutors' Office formed a 'Digital Forensics Team' with four specialized investigators and installed three new observation rooms to create an environment where digital forensic work can be conducted more quickly.