With the coming of the digital era, encryption has become common in everyday life. Almost anyone can easily acquire encryption software and use it to prevent unwanted third parties from accessing one's private information. However, the spread of encryption has also seriously hindered law enforcement during the investigation of cybercrimes, which hides incriminating digital evidence in encrypted hard drives and files. Therefore, many countries have attempted to compel criminals to decrypt encrypted evidence and it has been inevitable to examine privilege against self-incrimination as basic right on the side of constitution. This study analyzed the past court decisions on the issue of compelled decryption in the US and whether the Government can compel a defendant to disclose his password in Korean legal system on the constitutional side. Finally, this study suggests an approach to create a legal procedure to make it a crime for a suspect or defendant to refuse to disclose his password to law enforcement for criminal cases in Korea.
Ⅰ. IntroductionAccording to The Wall Street Journal on 4th April, the Trump administration is considering requesting more visa applicants undergo substantial security reviews and that embassies abroad spend more timeComparative Study of US and Korean Legal System on the Privilege against
Self-Incrimination through Forced Unlocking in Digital Era-236 -reviewing and interviewing such applicants [1] . Throughout his presidential campaign, Donald Trump repeatedly committed to introduce extreme vetting to make it harder to enter the US, which he claimed would stop possible terror attacks against the US [2] . The White House is discussing ways to put into place the "extreme vetting" measures President Trump has vowed to use on foreigners entering the US, including methods like making people reveal their mobile phone contacts, social-media passwords, financial information, and subjecting people to questions about their political ideology [3] . This may be extreme defense for social and national security, even we can not clearly say whether this policy is right or wrong in all respects including privacy because today digital revolution has completely changed the whole of society and the evidence of crime has become digitalized. Therefore, it is no exaggeration to say that the success or failure of investigation to reveal the truth depends on how digital evidence is secured and recognized. In this way, our society is rapidly changing into a digital society, but the law has not been completely improved, and it maintains the analog legal system of the past in a lot of ways.By the way, the recent upsurge of powerful and reasonable encryption technology has given both law-abiding citizens and criminals an ability to keep their secrets safe [4] . Powerful encryption software is freely available online and even most computer beginners now know methods to protect their private and confidential data [4] . Yet, the proliferation of encryption has seriously hindered law enforcement dur...
