문서의 증거능력

Abstract

Common Opinion says that the Civil Procedure Act does not limit the admissibility of documentary evidence and that The Supreme Court has also adopted the same stance. However, through careful examination of Supreme Court Rulings, I detected that they are not actually on the same page with the Common Opinion considering the admissibility of documentary evidence. Two recent cases in particular should be reviewed. This research aims to present the major points regarding the aforementioned recent cases and the studies on the admissibility and authentication of documentary evidence, and the issues of formal and probative power. This research also aims to conduct a comparative study between the articles of Criminal Procedure Act and Civil Procedure Act to prove a significant flaw in the Common opinion. And critically examine the problems of the cases on the issues of proof and presumption of authentication of documents and practices in Civil Trial. Finally, this research would suggest more desirable ways of trial.