위법수집증거배제법칙 적용기준

• 영문명: The Scope of Application of the Exclusionary Rule
• 발행기관: 충북대학교 법학연구소
• 저자명: 김재중(Kim, Jae-Jung)
• 간행물 정보: 『법학연구』第21卷 第1號 (2010), 35~68쪽, 전체 34쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.04.30

영문 초록

The exclusionary rule of illegally obtained evidence is originated from the American judicial precedent law as core of lawful process is a possibility of doing from criminal action. Thus, Chapter Ⅰ,Ⅱ examined the meaning of the exclusionary rule of illegally obtained evidence newly added to Article 308-2 of the Revised Criminal Procedure Code and discussed legal procedure as the theoretical ground for the exclusionary rule of illegally obtained evidence, and the exclusionary rule of illegally obtained evidence in major countries. Chapter Ⅲ discussed restrictions on the application of the exclusionary rule of illegally obtained evidence. The problem of harmony doesn't solve the conflict between voluntary search and the idea of safeguarding human rights in criminal justice. This important problem is widely discussed. Fragmentary and superficial approachment is not problem solution of systematic, more synthesis and inclusive studies. As a result, It considered in the exclusionary rule of illegally collected Evidence in Criminal Procedure Code in Korea, especially in relation to revised Criminal Procedure Code §308-2. It approach how to develop the exclusionary rule of illegally collected evidence. In Criminal Procedure Code, about evidence ability or recognize of illegally collected evidence, ask of true discovery doctrine and from this point of safeguarding human rights, what point of harmony to constitutional ideas in asking the movements of the due process.

목차

Ⅰ. 서론

Ⅱ. 위법수집증거배제법칙의 비교법적 고찰

Ⅲ. 한국에서의 위법수집증거배제법칙

Ⅳ. 위법수집배제법칙에 관한 판례동향

Ⅴ. 결론

키워드

위법수집증거 위법수집증거배제법칙 독수과실론 적법절차의 실질적 내용 The illegally obtained evidence exclusionary rule fruits of poisonous tree doctrine substantive due process