녹음테이프와 녹취록, 녹취진술의 증거능력에 대한 실무적 고찰

Abstract

In this article, I reviewed the nature of the evidence law and the requirements for the admissibility, such as the recording tape, the written statement of the person who heard the recording, and the oral statement of the person who heard the recording. While explaining that the process of delivering statements, such as recordings and statements made by those who have heard the recording, can be viewed in the hera-say stage or in the copy stage, the criteria for judging which of them is appropriate were suggested. The criterion is whether general trust in the original identity can be expected, and to what extent the purpose of guaranteeing the right to cross-examine by granting an opportunity to cross-examine post-mortem. According to the above criteria, the nature of the evidence and admissibility requirements were analyzed, such as the recording tape, the statement of the person who heard the recording, and the statement of the person who heard the recording. In addition, it was also argued that even when viewed as a professional level, the best evidence requirement should be repeatedly requested if possible. Recorded tapes or written statements by those who have heard the recording will be submitted more and more frequently as evidence in the future. In addition, there may be any number of evidences that overlapping statement delivery in a form that is not currently expected. Evidence theory must cope with and prepare for this situation. In order to do this, it is considered that an essential and systematic study on the evidence for transmission of statements is necessary, not a piecemeal study on the requirements for evidence ability, such as written statements of those who have heard the recording. I hope this article serves as a small beginning for such research.