민사소송법상 과학적 증거의 허용성 ― 미국연방증거규칙과의 비교법적 관점에서 ―

In the Korean civil law proceeding, whether to adopt the expert testimony as an evidence is based on the free discretion of evidence. If such attitude is maintained for the scientific evidence, its result would be depending on judge's free discretion of evidence to discriminate science from pseudo-science. If the judge who is outside of the field of science makes a wrong decision, the fair trial cannot be guaranteed. Therefore, the issue of the admissibility of the scientific evidence should be evaluated in the same step to discern authentication and identification of the documents, and the documents without the reliability should be decided as inadmissible and prevented from the free discretion of evidence. In terms of the legislation, the regulation similar to the FRE 702 should be established. Also, the process for the scientific evidence has to be expanded to the statistics evidence based on mathematics and the electronic evidence that the forgery is relatively easy.