지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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The exclusionary rule of illegally obtained evidence is which is originated from the American judicial precedent law as core of lawful process is a possibility of doing from criminal action. As a result, It considered in the exclusionary rule of illegally obtained evidence in Criminal Procedure Code in Korea, especially in relation to revision Criminal Procedure Code §308-2. It approach how to develop the exclusionary rule of illegally obtained evidence.
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 Act 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 Revision 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.
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