형사증거법상 디지털 증거의 증거능력 - 증거능력의 선결요건 및 전문법칙의 예외요건을 중심으로 -

In modern information technology society, most of the information is digitally being formed. The proportion of digital evidence in criminal proceedings has increased significantly. Digital evidence has several characters which can not be found in the analogue evidence. Digital evidence is information which we can not see without specific digital medium. Digital evidence can have the same contents regardless of the digital medium. We can copy digital evidence easily and massively. Digital evidence can be sent easily even if between countries. Although digital evidence is becoming very crucial and normal evidence in criminal procedure, the Korean criminal procedure law, especially evidence rule, is still focusing analogue evidence. That's why we are to face some holes when we are handling digital evidence, and need to interpret the criminal procedure law with wisdom to fill in the holes. There are two requirements for admissibility of digital evidence. First, the digital evidence needs to be proved authentic. Second, the digital evidence needs to overcome hearsay barrier. We analyzed critically some leading cases of the supreme court interpreting the hearsay rule in the Korean criminal procedure law, and suggested possibility of another interpretation of the hearsay rule in the Korean criminal procedure law for finding proper solutions which can correspond to the reality. We also suggested some legislations for the Korean criminal law to include digital evidence. For example, we can make new hearsay rule in the Korean criminal procedure law for dealing digital evidence.