과학적 증거의 판단기준과 적용과정에 대한 이해

Understanding the Standard of Scientific Evidence and How it Should be Applied - Focusing on Recent Controversial Cases -

As the importance of scientific evidence has been increasing in the criminal trial, the attention from academics and legal practitioners in scientific evidence has been soared. Many researches have been conducted since the 2000s, and the Supreme Court of South Korea has also made important decisions concerning the standards of examination and evaluation for scientific evidence. But there are still many remaining issues that need to be addressed. In particular, the efforts of criminal justice practitioners to clearly grasp and consistently apply the standards set by the Supreme Court should be strengthened. Ambiguous understanding and application of the standards do not differs from the absence of standards. Moreover, in criminal trials, it is true that, for the purpose of administering justice, the unscientific aspects of scientific evidence could be easily neglected. In order to help criminal justice officials broaden the understanding of scientific evidence, this article explains the nature of ‘science’, the characteristics of ‘scientific evidence’, ‘the standards of examination and evaluation for scientific evidence’, and how it should be applied. Including discussions in the philosophy of science, the relevant articles of the Korean Criminal Procedure Act and the U.S. Supreme Court precedents, and recent controversial cases have been discussed. It’s easier said than done. This is also shown in the discussion of the recent controversial cases. Continued academic research on scientific evidence is highly required.