영상녹화제도의 지위와 영상녹화물의증거능력 및 사용에 관한 고찰

To have both systemic rationality and theoretical justification, the law is to be established and enforced in accordance with the legal sense of the people in the order and system of society and the legal environment of the time. The controversy related to the newly introduced video recording system is related to the inconsistency of the video recording system on the guiding ideology and direction of the criminal procedure law. The purpose of the legislation of the video recording system lies in the prevention of human rights violation through protection of transparency and legality in the investigation process and protection of human rights. However, the main object of the conventional discussion is not about the fundamental purpose, but about the admissibility and use of the visual recording. If the use of video recordings deviates from the purpose and intent of the system, the video recordings will lose their legitimacy. If the image recording system itself loses its legitimacy, the image recordings, which are the result of the system, will also lose its legitimacy and as a result, the fundamental justification of the discussion on the use of the visual recording as their own identity will also be lost. In order to prevent the necessity of proper operation of the video recording system and the loss of the chain legitimacy, I tried to propose some improvement measures in compliance with the internal limits of the legal system on the admissibility and use of the visual recording.