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The Korean hearsay rule and the protocol

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  • The Korean hearsay rule and the protocol
  • Kim, Heekyoon
  • Seoul National University(BK 21 Law)


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Title The Korean hearsay rule and the protocol
Similar Titles
Material Type Articles
Author(English)

Kim, Heekyoon

Publisher

[Seoul]:Seoul National University(BK 21 Law)

Date 2010
Journal Title; Vol./Issue Journal of Korean Law:vol. 10(no. 1)
Pages 30
Subject Country South Korea(Asia and Pacific)
Language English
File Type Link
Subject Government and Law < Laws and Legislation
Holding Seoul National University

Abstract

Later in the course of the democratic reformation of the justice system, the Judiciary, supported by the civil rights groups and a majority of the legislators, tried to limit prosecutorial and police power. More precisely, they opposed the “dossier-building” practice in the pre-trial stage that the prosecutor dominates. Thus they decided to control it. The best way would be to deny protocols’ admissibility and to encourage the parties to offer more live testimonies. The rule against hearsay basically guarantees this paradigm shift. The amendment also opened the way for calling those who heard the suspects’ statements’. But trial judges prefer to read protocols in office in preparation for trials. The videotape is not even in the list of substantial evidence. Certainly, the protocols containing PIS have lost their authoritative voice. (The rest omitted)