The Ministry of Justice (the “MOJ”) announced the introduction of a system called the “National Digital Forensics as a Service” (the “NDFaaS”), which began operation in October 2023 to strengthen the digital forensics capabilities of national law enforcement agencies. The NDFaaS is operated by the Supreme Prosecutors’ Office (the “SPO”) while managed and maintained by the MOJ. A total of 26 national law enforcement agencies (including the Korea Coast Guard, Ministry of Employment and Labor, Financial Supervisory Service, Seoul Metropolitan Government, and Military Prosecutors’ Office) have been able to access the system starting in mid-November, 2023, for analyzing telephone calls and bank accounts.
Having established the Digital Forensic Investigation Team under the Seoul Central District Prosecutors’ Office in 2007, the Prosecutors’ Office (the “PO”) has made ongoing efforts to strengthen its digital forensic investigation capabilities and currently has the most sophisticated digital forensic capabilities in Korea. Through the adoption of the NDFaaS system, the Government now seeks to strengthen the overall digital forensic investigation capabilities of all national law enforcement agencies by allowing other major special judicial police and law enforcement agencies to access the PO’s internal forensic investigations and capabilities to collect and analyze digital forensic evidence, to enhance the corresponding capabilities of participating agencies.
The SPO also announced that it will soon add forensic capabilities for analyzing electronic files, mobile phones, and emails to the NDFaaS. As a result, the special judicial police for each ministry is expected to even further strengthen its digital forensic investigation capabilities.
Considering the above, it would be prudent for businesses to ensure appropriate defense procedures based on legal advice and efficient analysis of seized materials are taken in response to search and seizures conducted by the PO and police as well as by the special judicial police.
