The Origin of Hearsay Rule in the Korean Code of Criminal Procedure

In principle, hearsay is not admissible as evidence under the Federal Rules of Evidence of the United States. Similarly hearsay evidence cannot be used as trial evidence under the Korean Code of Criminal Procedure. There are debates on the origin of the hearsay rule in the Korean Code of Criminal Procedure. Some of Korean scholars maintain that the hearsay rule in the Korean Code of Criminal Procedure was originated not only from the Anglo-American hearsay rule but also from the principle of direct examination in the German Code of Criminal Procedure. However, the Korean Code of Criminal Procedure was drafted under the influence of American law. The USAMGIK Ordinance No. 176 and the new Japanese Code of Criminal Procedure of 1948 were the important reference materials for drafting the new KCCP. The legislation of Japanese Code of Criminal Procedure during the period of US military government was carried out under the supervision of the General Headquarters. The GHQ recommended that the Japanese government incorporate hearsay rule in the New Code of Criminal Procedure. From those scenes in the legislative history of the Japanese Code of Criminal Procedure, we can understand that the hearsay rule in the JCCP is a rule of American origin. Based on the legal history of Korea and Japan, we can also conclude that the hearsay rule in the KCCP is a rule of American origin.