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@article{ART002445821},
author={Cha, Jeong-In},
title={So-called Ahn Jong-Bum’s Pocket Notebook and Admissibility of Evidence},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2019},
number={82},
pages={475-504},
doi={10.31839/DALR.2019.02.82.475}

TY - JOUR
AU - Cha, Jeong-In
TI - So-called Ahn Jong-Bum’s Pocket Notebook and Admissibility of Evidence
JO - DONG-A LAW REVIEW
PY - 2019
VL - null
IS - 82
PB - The Institute for Legal Studies Dong-A University
SP - 475
EP - 504
SN - 1225-3405
AB - The independent special prosecutor Park Yeong-Su charged the chief executive officer Lee Jae-Yong with a bribery case. In that case, the decisions of the appellate court and the original court on the admissibility of the evidence, so-called Ahn Jong-Bum’s pocket notebook(hereafter ‘pocket notebook’) are contrary to each other. Directly after every meetings of the former president Park Geun-Hye and Lee Jae-Yong, Park descrived the conversation to Ahn Jong-Bum, her secretary and instructed him to do some official businesses. Ahn declared in the court that he wrote the conversation and the instruction as he heard them, and that he didn't add or subtract in writing. This pocket notebook is not hearsay evidence in connection with the criminal trial of Lee Jae-Yong because the pocket notebook was not used in proving the truth of the statements of Park Geun-Hye used in proving the existence of Park's statements. In FRE rule 801, the article of exclusions from hearsay, “statement” means a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion. And “hearsay” means a statement that a party offers in evidence to prove the truth of the matter asserted in the statement. There is one exception in this case. Lee Jae-Yong's statements that Park Geun-Hye descrived to Ahn Jong-Bum after the meetings and Ahn wrote the description are hearsay evidences in connection with the criminal trial of Lee Jae-Yong, because the pocket notebook was used in proving the truth of the description of Park Geun-Hye.
KW - Ahn Jong-Bum’s pocket notebook;hearsay evidence;indirect evidence;admissibility of evidence;authentication
DO - 10.31839/DALR.2019.02.82.475
ER -

Cha, Jeong-In. (2019). So-called Ahn Jong-Bum’s Pocket Notebook and Admissibility of Evidence. DONG-A LAW REVIEW, 82, 475-504.

Cha, Jeong-In. 2019, "So-called Ahn Jong-Bum’s Pocket Notebook and Admissibility of Evidence", DONG-A LAW REVIEW, no.82, pp.475-504. Available from: doi:10.31839/DALR.2019.02.82.475

Cha, Jeong-In "So-called Ahn Jong-Bum’s Pocket Notebook and Admissibility of Evidence" DONG-A LAW REVIEW 82 pp.475-504 (2019) : 475.

Cha, Jeong-In. So-called Ahn Jong-Bum’s Pocket Notebook and Admissibility of Evidence. 2019; 82 : 475-504. Available from: doi:10.31839/DALR.2019.02.82.475

Cha, Jeong-In. "So-called Ahn Jong-Bum’s Pocket Notebook and Admissibility of Evidence" DONG-A LAW REVIEW no.82(2019) : 475-504.doi: 10.31839/DALR.2019.02.82.475

Cha, Jeong-In. So-called Ahn Jong-Bum’s Pocket Notebook and Admissibility of Evidence. DONG-A LAW REVIEW, 82, 475-504. doi: 10.31839/DALR.2019.02.82.475

Cha, Jeong-In. So-called Ahn Jong-Bum’s Pocket Notebook and Admissibility of Evidence. DONG-A LAW REVIEW. 2019; 82 475-504. doi: 10.31839/DALR.2019.02.82.475

Cha, Jeong-In. So-called Ahn Jong-Bum’s Pocket Notebook and Admissibility of Evidence. 2019; 82 : 475-504. Available from: doi:10.31839/DALR.2019.02.82.475

Cha, Jeong-In. "So-called Ahn Jong-Bum’s Pocket Notebook and Admissibility of Evidence" DONG-A LAW REVIEW no.82(2019) : 475-504.doi: 10.31839/DALR.2019.02.82.475