On April 26, 2019, the “Digital Forensics Center of the Ministry of Environment” was established to strengthen scientific investigations and to better respond to the increasingly sophisticated environmental crimes.

In the past, courts hardly recognized the admissibility of digital data stored in computers or other storage media.  However, with the amendment to the Criminal Procedure Act in October 2016, scientific analysis-based digital forensic data are starting to become recognized as primary evidence, and subsequently, digital forensics has become one of the most important investigation techniques for environmental crimes.  Previously, the MOE had received support for digital forensics from the Supreme Prosecutors’ Office, but it has now established its own scientific investigation system for environmental crimes by securing digital forensic experts and analytic equipment within the Ministry.

The Environment Special Judicial Police of the MOE’s Environmental Investigation Division also conducts scientific investigations by restoring and extracting deleted data from various digital devices (e.g., computers and tablets) such as messenger data and call log history on smartphones.

Significance:

As the MOE is expected to actively use scientific investigation techniques including digital forensics for socially sensitive environmental pollutant (such as fine dust), waste and hazardous chemicals, companies are advised to prepare for the MOE’s potential inspection of their general compliance with environmental-related laws and secure evidence through digital forensics.