違法蒐集證據의 證據能力

The research focuses on the general theory on the admissibility of the illegally obtained evidences through relevant theories and precedents. Specifically, the recent issue on the illegality of telephonic wiretapping and recording call into attention the infringement of basic human rights. In the case of such violation, the violator is liable to not only the prosecution and reparation under the criminal law and the civil law but also the abatement of the admissibility of his/her illegal evidences. The extent of abatement should be determined by the establishment of juridical theory on the constitutional protection against the infringement of norm. In such context, the research primarily discusses: the extent of regulation of the subordinate legislations (i.e. the criminal law), the measure of the violation of law and the significance of the illegally acquired evidence in the juridical decision; and the degree of infringement and the severity of its antisocial facets. Furthermore, the admissibility of the improperly gained evidences should entail the combined evaluation which includes the substantial grasp of truth, the legal protection of the personal rights, and the prevention of recurrence of similarities.