상세검색
최근 검색어 전체 삭제
다국어입력
즐겨찾기0
148486.jpg
KCI등재 학술저널

컴퓨터가 자동 생성한 문서에 대한 형사증거법적 연구

- 증거능력과 증거조사방법을 중심으로 -

  • 71

In Korea case, there is a case in which the computer can not grasp the characteristic of the automatically generated document, and it is dealt with as a documentary evidence. Computer automatically generated document has the appearance of a document but it is not an expression of a person s thoughts, so it is not documentary evidence but real evidence. For this reason, legality and authenticity are required as a requirement for admissibility, and hear say rule can not be applied. In addition, in judging the weight of the evidence, the relevance of the event is a problem, but the credibility is irrelevant. As the method of the evidence investigation, it consists of letters and signs, and its meaning is evidence, so reading and content notification should be a principled method just like documentary evidence. Sometimes, a general digital document and a computer automatically generated document exist together in one computer document. In this case, it is enough to treat the part of the general digital document as document evidence and the part of the computer automatically generated document as a real evidence. There are also many cases where a computer document is located between a general digital document and a computer automatically generated document. In this case, if the contents of the generated document are merely a summary or synthesis of the meanings of the characters or codes entered, it is regarded as a general digital document. If the entered characters or codes are not identical to the generated document, they are treated as computer automatically generated documents.

Ⅰ. 들어가며

Ⅱ. 컴퓨터 문서의 분류와 컴퓨터가 자동 생성한 문서의 특성

Ⅲ. 컴퓨터가 자동 생성한 문서의 증거방 법적 본질과 증거능력, 증거조사방법

Ⅳ. 혼재문서에 대한 검토

Ⅴ. 컴퓨터가 자동 생성한 문서에 대한 우리 대법원의 태도

Ⅵ. 나가며