위법수집증거배제법칙의 법적 문제에 관한 연구

Abstract

This paper studies the Exclusionary Rule of Illegally Collected Evidence in Criminal Law problems. The Exclusionary Rule of Illegally Collected Evidence is the part of Criminal Procedure Code that it does not admit as Evidence ability of Illegally Collected Evidence. The Illegally Collected Evidence constitutes in ways of human rights infringement. The administrative problem of permissibility of Evidence ability is based on two ideas: how to achieve harmony in the mutual contradiction between the free conviction doctrine and the substance true discovery doctrine, or ask of the movements of the enemy safeguarding fundamental human rights. It saws discovery process of Exclusionary Rule of Illegally Collected Evidence of each country. In Korea, Exclusionary Rule of Illegally Collected Evidence considered to adapt opposition of theory and case and adapt to Exclusionary Rule. It discovery place of Evidence ability negation about critique delicately on date of evidence ability affirmation. The Exclusionary Rule in direction of negation to Evidence ability affirmation is more applicated. This problem as application of transitive exclusionary rule is adjust of limitation exclusionary rule. In Korea, It approach how to develop 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 Due Process.