Hearsay Rules in the Korean Criminal Procedure Act - Focused on the justification of the hearsay rule and the scope of the hearsay evidence-

Korean Criminal Procedure Law has the regulations about the hearsay evidence(article 310-2) and the exceptions(article 311-316). The rule against hearsay in Korean Criminal Procedure Law basically had accepted theory of Anglo-America Law, but we must pay attention that there are something different in the rule against hearsay of the Korean Criminal Procedure Law unlike Anglo-America Law. Straightforwardly recent discussion about the rule against hearsay is concerned with the exceptions of the rule against Hearsay, therefore the discussion about the concept and the scope of the Hearsay Evidence is rather sparse. So I would like to introduce the justification of the rule and the scope of the hearsay evidence in the Korean Criminal Procedure Law. As a result, for Hearsay 1) There must be oral statement or unverbal act with a certain intention 2) These statement or unverbal act with a certain intention must be delivered to the court indirectly to prove the fact mentioned in the statement or act. And from this point of view, unverbal intentional act may be the hearsay. And digital containing media amounts to the hearsay as not statement itself but written statement. And implied assertion without any intention does not amount to the hearsay.