Earticle

초록

영어

Advancement of communication infrastructures such as BcN and USN, revitalization of E-Commerce, advancement of location based services(LBS), radio frequency identification(RFID) technology, and home network elemental technology and propagation of services have driven our society to go beyond traditional life relationship put up in a domain limited by time and space to reach the so called 'ubiquitous society' where information can be accessed anytime and anywhere. However, as this rapidly advancing information and communication technology has not only been utilized and abused for new crimes like electronic infringements from hacking and virus but also as means of traditional crimes such as defamation of character and deception, it can be said that there needs to be new criminal justice paradigm different from existing one to control crimes that make use of this high technology. Hence, with only the foregoing evidence method at hand, troubles in demonstrating crimes recently generated by using information and communication technology have been occurring in large numbers; and from this critical mind, there have been academic and practical studies on 'Admissibility of digital evidence'. Regarding this, United States Maryland district court recently brought into the fore a meaningful judicial decision on the matter of admissibility of electronically-stored information as evidence; looking into recent United States ruling to analyze meaning of evidence law in admissibility of digital evidence such as electronically-stored information would provide us with plenty of implications; to this respect, the paper would advance on the examination of requisite for admissibility of electronically-stored information focusing on the above-mentioned ruling.

목차

Ⅰ. 들어가며
 Ⅱ. 대상판결의 사실관계 및 주요쟁점
 Ⅲ. Maryland 지방법원의 판단
  1. ‘관련성(Relevance) 요건’ 충족여부
  2. ‘신뢰성(reliability) 요건’ 충족여부
  3. 불공정한 편견 등과 증명력(probative value)에 대한 비교형량(balance)
 Ⅳ. 결어
 참고문헌
 Abstract

키워드

관련성 디지털 증거 미국연방증거규칙 신뢰성 전문법칙 전자적저장정보 진정성 Relevance Digital Evidence Federal Rule of Evidence Reliability Hearsay Rule Electronically Stored Information Authenticity

저자

• 강철하 [ Kang, Chul-Ha | 경찰청 사이버테러대응센터 법제연구원(법학석사) ]

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