컴퓨터가 자동 생성한 문서에 대한 형사증거법적 연구 -증거능력과 증거조사방법을 중심으로- (Study on Computer Automatically Generated Document in the Criminal Evidence Law - Focusing on the Admissibility and Methode of Evidence Investigation-)

서지정보

· 발행기관 : 충북대학교 법학연구소
· 수록지 정보 : 법학연구 / 30권 / 1호 / 1 ~ 30페이지
· 저자명 : 김정한

초록

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.

영어초록

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.

참고자료

· 없음