위법수집증거배제법칙 적용기준

The Scope of Application of the Exclusionary Rule

The exclusionary rule of illegally obtained evidence is originated from the American judicial precedent law as core of lawful process is a possibility of doing from criminal action. Thus, Chapter Ⅰ,Ⅱ examined the meaning of the exclusionary rule of illegally obtained evidence newly added to Article 308-2 of the Revised Criminal Procedure Code and discussed legal procedure as the theoretical ground for the exclusionary rule of illegally obtained evidence, and the exclusionary rule of illegally obtained evidence in major countries. Chapter Ⅲ discussed restrictions on the application of the exclusionary rule of illegally obtained evidence. The problem of harmony doesn't solve the conflict between voluntary search and the idea of safeguarding human rights in criminal justice. This important problem is widely discussed. Fragmentary and superficial approachment is not problem solution of systematic, more synthesis and inclusive studies. As a result, It considered in the exclusionary rule of illegally collected Evidence in Criminal Procedure Code in Korea, especially in relation to revised Criminal Procedure Code §308-2. It approach how to develop the 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 the due process.