영상녹화물의 증거능력

Abstract

Video-Recording means the video-recording of defendant's statements by the Investigating Agency, whereas the Video-tape is the video-recording not by the Investigating Agency in the new code of criminal procedure. Video-Recording System was introduced to New Code for the purpose of transparency at the investigating process. In relation to Video-Recording System, Disputes do break about the admissibility of Video-Recording by prosecutors or polices in the Korean New Code of Criminal Procedure. The Negative View argues that the admissibility of video-recording should be denied, because firstly, the New Code does not permit the interpretation that the video-recording is admissible at the court, and secondly the video-recording too vivid for judge or jury to fairly decide the case and the time of trial could be delayed. But the Positive View which is also our view refutes the Negative View. Firstly, the New Code can be interpreted to authorize the admissibility of video-recording. Secondly, the vividness of video-recording is not the defect but the merit for the fair decision of judge and the danger of retardation of trial can be overcome because the video-recording tape could be displayed selectively or partly at the court.