사인이 비밀녹음한 녹음테이프의 증거능력

Abstract

It is a question the recording tape which is recorded secretly by a private individual is effective as a evidence or not. It became an issue as the wire tapping and secret recording of conversation was increased accompanied by the development of science. At first I examined ‘the exclusionary rule of illegally obtained evidence’ would be applied to the evidence which was obtained by an individual. And I concluded that the exclusionary rule must be applied to the individual’s illegal conduct as well as the investigator’s illegal conduct. The protection for the Secret of Communication Act prohibits the hearing and recording of telephonic conversation and oral conversation between others. So it is not allowed to record in secret the others’ communication. And the recording in secret by the one side of communication is also illegal. Even though it is not the violation against the protection for the Secret of Communication Act, it violates the privacy of the counterpart. But the secret recording by a third person with one side’s permission must be regarded as a violation against the protection for the Secret of Communication Act. Because It is the violation against the right of free communication. Also, the recording tape must fulfill the condition of clause 1 of Article 313 on the Criminal Procedure Act to get the admissibility of evidence.