전자적 증거의 증거능력과 증명력

The digital revolution has altered the way in which information is storedand communicated. Not only are most documents now stored on or generatedby computers, but a variety of electronic data has found its way into thecourtroom. This includes material downloaded from websites, e-mails, textmessages, instant messages, computer animations and simulations, digitalphotos. But we have no specific rules on electronic evidence. By reviewinghow U.S. federal rules of evidence, courts and commentators have and shouldaddress the objections most commonly raised to electronic evidence(especiallyauthentication, best evidence rule), this article demonstrates the currentframework provided by the rules of evidence is adequate to the task. Thisarticle addresses the evidence issues(admissibility, authentication etc)presented by electronic evidence, and how these issues should be addressedunder civil procedure law of korea.