CCTV 녹화영상에 대한 영국의 근거법 및 형사증거법에 대한 비교법연구

Closed Circuit Televisions(CCTVs), in rigorous usage for preventing crimes and discovering culprits, among other things, have been used as important evidence at criminal procedure. United Kingdom(UK), as one of the countries where CCTVs were equipped and used in massive ways, has developed statutory laws and code of practices enabling the legal operation of CCTVs, and case laws in criminal cases dealing with admissibility and trustworthiness of images recorded by CCTVs. This thesis investigates legal and administrative foundation of Korean law regulating CCTV operation. With comparative analytical perspective, it researches 1998 Date Protection Act and 2012 Protection of Freedom Act, and administratively-recommended code of practices related to CCTV and surveillance cameras, which have been established and properly updated in light of development of technology and social usages during last two decades. The investigation shed lights on legal delineation and advancement of Korean laws in terms of distinctive rules of CCTV operators and reflection of cutting-edge technical development. Moreover, it reviews studies and case laws on evidence of CCTV-recorded images, thereby suggesting that a CCTV’s image should be considered as non-testimonial evidence rather than hearsay evidence unless the image include testimony of a person. Lastly, this thesis examines several cases which, in criminal procedure of UK, dealt with such issues as trustworthiness and admissibility of CCTV images as evidence. Korean legal experts in the area of criminal procedure and evidence law should refer to this study in a situation in Korea where there has been rare cases issuing explicit rules on admissibility and trustworthiness of CCTV’s images as evidence.