전자적 증거의 증거능력과 증명력

Title
전자적 증거의 증거능력과 증명력
Other Titles
Admissibility and weight of electronic evidence
Author
이덕훈
Keywords
전자문서; 전자정보; 전자증거; 증거능력; 진정성; 증명력; 사법제도?소송법; electronic document; electronically stored evidence; electronic evidence; admissibility; authenticity; weight of evidence
Issue Date
2014-05
Publisher
한국민사소송법학회 / Korean Association Of The Law Of Civil Procedure
Citation
민사소송, 2014, 18, p.149-179
Abstract
The digital revolution has altered the way in which information is stored and communicated. Not only are most documents now stored on or generated by computers, but a variety of electronic data has found its way into the courtroom. This includes material downloaded from websites, e-mails, text messages, instant messages, computer animations and simulations, digital photos. But we have no specific rules on electronic evidence. By reviewing how U.S. federal rules of evidence, courts and commentators have and should address the objections most commonly raised to electronic evidence(especially authentication, best evidence rule), this article demonstrates the current framework provided by the rules of evidence is adequate to the task. This article addresses the evidence issues(admissibility, authentication etc) presented by electronic evidence, and how these issues should be addressed under civil procedure law of korea.
URI
http://www.dbpia.co.kr/Article/NODE02443543http://hdl.handle.net/20.500.11754/46193
ISSN
1226-7686
Appears in Collections:
RESEARCH INSTITUTE[S](부설연구소) > INSTITUTE FOR EUROPEAN AND AFRICAN STUDIES(유럽-아프리카연구소) > Articles
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