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Admissibility of Attorney's Memorandum

  • DONG-A LAW REVIEW
  • 2013, (58), pp.401-422
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Song, Si Seob 1

1동아대학교

Accredited

ABSTRACT

Recent supreme court's decision attracts public eye because it rejected the appellate court decision based on admitting as evidence in criminal case attorney memorandum made in the process of consulting and counselling. Some discussion about supreme court decision focus on the specific issue like attorney-client privilege, but it could not grasp the big picture of this issue. This article aims to approach broader perspective to understand this issue. In this article, first in the course of collecting evidence in criminal case, there must be filtering process considering the attorney-client privilege. Secondly, privilege should also considered to decide admissibility of attorney's memorandum as evidence. Thirdly, deep concern about hearsay evidence rule when exploring the admissibility of attorney memorandum step by step through section 313 to 314 of Korean Criminal Procedure Law (“KCPL”). Attorney-client privilege related to the attorney's memorandum should be codified in the KCPL. Furthermore, it also needs screening process attorney's memorandum as criminal evidence by hearsay exception.

Citation status

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