영상녹화물의 증거능력과 그 증거조사 방법 - 녹취서 작성의 의무화 및 제한적 증거조사 방안에 대한 검토 -

An independent admissibility of video recordings of evidence should be denied under an interpretation of the current criminal procedural law context, an intention of legislators and a law enforcement. However, in the view of a legislative policy, considering Article of 244 (1) as a realistic aspect, the necessity of an independent admissibility of video recordings of evidence couldn't be denied because there is a possibility of a certain situation that there is no interrogatory files but just a video recordings of evidence left. Now the revised legislative bill which admits an independent admissibility of video recordings of evidence was turned in to the National Assembly. In the view of a legislative policy, detailed regulations of the examination of video recordings is more important than a debate of whether or not recognized it. For this purpose, what regulations of the examination of video recording should be is reviewed. In short, by making investigative agency submit a contemporaneous note(transcript of video recordings) with a video recordings as well, time of examination of evidence could be shortened, finding of substantial truth as the guiding philosophy on criminal procedure could be achieved, investigative agency could consult their own convenience, and people’s quick right to trial could be guaranteed as a real right. Those measures are necessary.