법이 정한 절차에 따르지 아니하고 수집된 압수물의 증거능력

• 영문명: The Exclusionary Rule and Illegally Seized Evidence
• 발행기관: 한국형사법학회
• 저자명: 최석윤(Choi Suk-Yoon)
• 간행물 정보: 『형사법연구』형사법연구 제20권 제1호, 259~281쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.01.24

영문 초록

  The exclusionary rule provides that any evidence obtained in violation of due process of law is not admissible in a criminal prosecution to guilt. In Korea, the reformed criminal procedural law which came in effect from January first 2008 introduced the exclusionary rule, and the Supreme Court decided that illegally seized evidence may not be admitted at a trial to show the defendant"s guilt. Therefore, the debate on the admissibility of illegally seized evidence will be focused on the scope and standard of the exclusionary rule.
  But, the decision of the Supreme Court did not completely settle the issue of debate on the scope and standard of the exclusionary rule. Moreover, the decision of the Supreme Court divided into major opinion and different opinion, and both of them did not explicitly present the concrete standard of the exclusionary rule which exclude the admissibility of illegally seized evidence at a trial to show the defendant"s guilt. In the decision of the Supreme Court, the point in dispute is related to whether any evidence obtained in violation of due process of law is in principle not admissible or only evidence obtained in serious violation of due process of law is not admissible at a trial to show the defendant"s guilt. Finally, this point in dispute is about the scope and standard of the exclusionary rule.
  In this context, this article annotated the major opinion and different opinion in decision of the Supreme Court after the comparative investigation on the scope and standard of the exclusionary rule.

목차

[사건개요]
[대법원판결이유의 요지]
Ⅰ. 시작하는 말
Ⅱ. 위법수집증거배제법칙에 대한 비교법적 검토
Ⅲ. 대법원판결에 대한 평석
Ⅳ. 맺는 말
〈Abstract〉

키워드

위법수집증거배제법칙 적법절차 위법수집증거 증거능력 위법수사 the exclusionary rule due process of law illegally seized evidence admissibility of evidence illegal investigation