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A Study on the Admissibility of Digital Evidence

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2016, 4(1), pp.149-168
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

Kwon Yangsub 1

1군산대학교

Candidate

ABSTRACT

Even if the digital evidence was collected through an appropriate procedure, the question of admissibility of collected evidence poses another problem in terms of Evidence Rules. The digital evidence cannot avoid the authenticity problem due to its vulnerability and is only recognized as evidence when the authenticity is proved. In addition, if there is validity as evidence, there is a problem of whether to treat it as hearsay evidence or as non-hearsay evidence. Therefore, the authenticity should be secured first in order for the collected evidence to be used as information to establish the fact after being submitted to the court. Additionally, in the case where its content includes person’s statement, it is treated as hearsay evidence and can only be used as evidence when it comes under the exception of hearsay law. This study suggests the assurance measures for the admissibility of digital evidence.

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