위법수집증거의 쟁점 : 독수독과의 원칙과 예외, 사인이 위법수집한 증거의 증거능력

In order to ensure the effectiveness of the exclusionary rule, the doctrine of the poisonous tree should be approved. But for the discovery of the truth in criminal procedure the exception of the latter doctrine should be approved as well. To determine the admissibility of secondary evidence based on the evidence obtained by the illegal process, one should find out if there is a dilution or an interruption of the relation of cause and effect between the original evidence and the secondary evidence. Three viewpoints of the U.S.A(the purged taint exception, the independent source exception, inevitable discovery exception) andGermany can be integrated under the superior viewpoint of whether the relation of cause and effect between the original illegal obtained evidence and the secondary evidence could be approved. Then all the circumstances related to the illegality of the original evidence should be taken into account as the korean supreme court said. Considering the fact that the infringement of the privacy right by the private person increases, the exclusionary rule should apply to the gathering of evidence by the private person. But this rule should apply only to the case when the gathering of evidence by the private person seriously violates the privacy right just like the criminal investigation body's process is under the scrutiny of that law when it seriously violates the principle of due process.