As there are ever-diversified crimes under the influence of rapidly developing scientific knowledge and technology, the so-called ‘scientific investigation (scientific evidence)’ is now more spotlighted as a means to overcome unnecessarily excessive dependence on parol evidence, a potential cause of violated human rights, in a sense that it can enhance reliability of evidence by objective analysis on evidence. Nevertheless, professional judgment of appraiser on a specific fact is an evidential material, and courts are responsible for making a final judgment on meaning of the evidential material. Here, scientific evidences have emerged in relatively recent period, and the construction of new judicial principles concerning these evidences becomes a new challenge in our contemporary criminal actions. In particular, the matter of the admissibility in evidences is underscored as the kernel of discussions about such challenge. Since it will be necessary to administer appraisal system for wider applications in the future, it is advisable that Korean judicial system should also set general principles of the admissibility in scientific evidence and provide positive regulations on the admissibility of individual major scientific evidences. Moreover, in order to assure the defensive right of ‘defendant's equality of arms’ and the accuracy of appraisal, it is required to begin with appointment of a competent appraiser including the right to appoint him to file for appraisal. And the appraiser may perform his work of appraisal at his discretion and must report on results of appraisal faithfully. Thus, this is the time to need a variety of further discussions ranging from oath system including affirmative appraisal system to the matter of assuring authenticity by punishment of fraudulent appraisal charge.

As there are ever-diversified crimes under the influence of rapidly developing scientific knowledge and technology, the so-called ‘scientific investigation (scientific evidence)’ is now more spotlighted as a means to overcome unnecessarily excessive dependence on parol evidence, a potential cause of violated human rights, in a sense that it can enhance reliability of evidence by objective analysis on evidence. Nevertheless, professional judgment of appraiser on a specific fact is an evidential material, and courts are responsible for making a final judgment on meaning of the evidential material. Here, scientific evidences have emerged in relatively recent period, and the construction of new judicial principles concerning these evidences becomes a new challenge in our contemporary criminal actions. In particular, the matter of the admissibility in evidences is underscored as the kernel of discussions about such challenge. Since it will be necessary to administer appraisal system for wider applications in the future, it is advisable that Korean judicial system should also set general principles of the admissibility in scientific evidence and provide positive regulations on the admissibility of individual major scientific evidences. Moreover, in order to assure the defensive right of ‘defendant's equality of arms’ and the accuracy of appraisal, it is required to begin with appointment of a competent appraiser including the right to appoint him to file for appraisal. And the appraiser may perform his work of appraisal at his discretion and must report on results of appraisal faithfully. Thus, this is the time to need a variety of further discussions ranging from oath system including affirmative appraisal system to the matter of assuring authenticity by punishment of fraudulent appraisal charge.

Scientific Investigation, Admissibility, Hearsay Evidence, Appraisal Report, Medical Certificate