私人이 違法하게 收集한 證據의 證據能力

• 영문명: Admissibility of Evidence Illegally Collected by Private Persons: Centering on Constitutional Viewpoint on Evidence Collection by Private Persons
• 발행기관: 한국국가법학회
• 저자명: 김태은(Kim, Tae-Eun)
• 간행물 정보: 『공법논총』제6호, 1~16쪽, 전체 16쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.05.30

영문 초록

Exclusionary Rule of the Illegally Obtained Evidence has been widely recognized as a theory and precedent, but the revised Criminal Procedure Law stipulated it in the text, which works as a general principle with legal base. However, in spite of its written stipulation, it is suggested that it is a just beginning in declarative meaning, has a possibility of various interpretations and needs many things to be complemented. Due Process of Law is stipulated in the Constitutional text to which all the national power is subject. Criminal Procedure law Paragraph 2 of Section 308 stipulating Exclusionary Rule of the Illegally Obtained Evidence is based on the principle of Due Process of Law as stipulated in Paragraph 1 of Section 12. The Due Process of Law which has ‘Due Process’ as a central factor shall be respected between private persons. Above all, active use of scientific evidence can effectively deal with crimes and investigation should lead to find truth which meets human rights of the public. In conclusion, to be clear is important. Though new regulations were enacted in our Criminal Procedure Law, more reasonable interpretations and standards should be presented based on precedents, theories and comparative reviews with foreign acts.

목차

Ⅰ. 들어가며

Ⅱ. 違法收集證據排除法則의 比較法的 考察

Ⅲ. 우리나라에서의 私人의 證據收集에 대한 論議

Ⅳ. 違法하게 收集된 證據의 類型別 檢討

Ⅴ. 나가며

키워드

Due process in the Korean Constitution Exclusionary Rule of the Illegally Obtained Evidence Criminal Procedure law Paragraph 2 of Section 308 Evidence Obtained by a Private Person The effect of fundamental rights on the private individuals