전자적 증거의 증거능력과 증명력

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.