미국에 있어 디지털증거의 증거능력

• 발행기관: 한국민사소송법학회
• 저자명: 이규호
• 간행물 정보: 『민사소송』제11권 제2호, 152~175쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.11.30

영문 초록

The legal community in America currently calls evidence produced or controlled by electronics and/or computers as “ditigal evidence”, “e-evidence”, “electronic evidence”, “computer-generated evidence”, or “hi-tech evidence.” Examples of digital evidence is inclusive of digital and digitally-enhanced photo-graphs, videotapes and audiotapes, e-mail, instant mesages, internet chat rooms and blogs, internet website data, computerized medical records, satellite imagery, text messaging, cad designs, and computer simulations and animations. The foundational requirements for admissibility of digital evidence in America are as follows: First, the digital evidence need to be authentic. Second, after proving authenticity of the digital evidence, a proponent must overcome hearsay barrier. Third, a proponent sometimes has to contend with a third obstacle referred to as “the best evidence rule.” On the contrary, digital evidence is always admissible in Korea as long as it is not against Koreaʼs Constitution or other laws because the fact-finder in Korea is not jury, but a judge or judges. Nonetheless, theories and practices related to ad-missibility of digital evidence in America will be useful for Korean legal commun-ity to deal with credibility of digital evidence.

목차

Ⅰ. 머리말

Ⅱ. 미국에 있어 디지털증거의 증거능력

Ⅲ. 결론

참고문헌

키워드

디지털증거 진정성립 영업기록 전문증거 원본우선원칙 Digital Evidence Authenticity Business Records Hearsay Evidence Best Evidence Rule