형사증거법상 제314조의 적용범위와 그 한계

It is based on hearsay rule or pursuant to Paragraph 2 of Article 310 underwhich it aims to provide a defendant with an opportunity to cross- examineand strictly abide by the trial-centered judgement instead of directdeliberations, by excluding its admissibility of hearsay evidence which nostatements before a judge in the opening court are not made for, and whichdenies a defendant any chance of cross examinations. Meanwhile, the KoreanCriminal Procedure Law has recognized exceptions to the hearsay rule withregulations of Article 312 to Article 313, and further recognized a majorexception to the rule under such requirements as necessity and special statesthrough the supplementary regulation of Article 314. Any compliance withArticle 314 of the Criminal Procedure Law shall be determined with strictlimitations and under prudent procedures since it is a supplementaryregulation to exceptions of the hearsay rule. In principle, the hearsay rule is a judicial system that serves to contribute to the realization of a fair trialwhen a judge forms a conviction based upon original evidences. However, itis to a degree problematic to allow for admissibility of another hearsayevidence different from the presented testimony by a person made in theprevious trial in the country under the circumstance any exceptionalsituations (necessities) not allowing for the original evidence are present. Therefore, it’s desirable to repeal such a regulation in terms of theoreticalapproach, and making an legislative improvement in the future that mayexceptionally adopt it admissible only if the general documents on evidencesprincipally meet requirements of the Article 314.