위법수집증거와 독수과실의 원칙의 예외에 관한 비판적 검토

To eliminate the admissibility of illegally collected evidence in 2 of the Code of Criminal Procedure Article 308 from 2008, so as to define a so-called Exclusionary rule. The evidence that has been collected illegally ever, denied the admissibility of evidence, based on the same time evidence ability also is derived evidence from there were many whether the Tour of controversy is negative, statement, evidence-German theory of negligence or admissibility is eliminated Te, evidence of Hibun, the are not view that although there were many, not only evidence shown in 2 of new Article 308, admissibility is rejected even in non-statement evidence view that is I was supposed toappear. So-called German of negligence theory and evidence derived from illegally collected evidence also but the theory that there is no evidence capability, the philosophy of substantive truth principle is the ultimate purpose of the criminal proceedings If you accept this unconditionally achieve are difficult problems. Therefore, it is necessary to appropriate restriction to this, it is necessary to consider part. In these United States and Germany, even only trivial illegal in the process of evidence collection, the original evidence, of course, when you deny the admissibility of up to derived evidence, of danger and humans who distort the discovery of substantive truth I and there is adiscussion of Did not violated the important areas in the regions. In this regard, this paper, it is assumed that to consider three of the recent Supreme Court precedents, for example, the limitations of Germany mistake theory. For this problem, the theory presented in the Supreme Court is what a, this is while checking to see whether incorporated suitable to solve the problem.