In 1983, Supreme Court ruled that policemen could not testify to the defendant's confess when the defendant objected. The Court reasoned that since the Code of Criminal Procedure denied the admissibility of the documents which was made by the police and contained the defendant's confess when the defendant object, the policeman was not allowed to testify to that effect, either. The Code of Criminal Procedure, however, does not explicitly prohibit the use of such testimony. As for the document which contains the confess of the defendant, it is extremely difficult to contest. Because the defendant cannot cross-exam the policeman who interrogated the defendant or the defendant himself. But as for the testimony, the reliability can be guaranteed by the cross-examination. In addition, such testimony often includes first-handed, accurate information and cannot be obtained otherwise. This study is an attempt to illustrate such an occasion. In this case which was ruled in 2005, Supreme Court once again denied the admissibility of the interrogator's testimony. However there are some special elements to be considered. Here, the policeman met the defendant near the crime scene just after he had committed homicide; the setting was not interrogatory; the defendant freely admitted that he had killed the victim. If he had met a civilian, he would have told the same story. In situation like this, there is no danger of misconception, manipulation, or memory lapse. This case clearly shows that under certain circumstance it is necessary, sometimes desirable to admit interrogators' testimony. In conclusion, the admissibility of the policeman's testimony should not be decided uniformly. Rather, it should be decided case by case in the light of reliability.

On the evidence for the impeachment, in literature, four problems are in discussion. At first, whether a hearsay evidence is admissible for impeachment, although it is not admissible in view of the hearsay rule. Second, whether the oral evidence of the defendant in trial is impeachable, and whehter the defendant's pre-trial statements protocol of the police is admissible for impeaching the oral evidence of the defendant in trial. At last, whether the authentification is required for the admissiblity of the hearsay written statement for impeachment. For first problem, though a hearsay evidence is not admissible according to the hearsay rule, it is admissible for impeachment. The hearsay rule is operated only where pre-trial statement is produced for asserting the truth of the statement. Because impeachment is not asserting the truth of the pre-trial statement, but swaying the crediblity of the oral evidence in trial, hearsay rule is not operated when the evidence is produced for impeachment. For second problem, the oral evidence of the defendant in trial can be impeached for the appropriate way of truth-finding. In practice, the prior inconsistent statement of the defendant can be often used for impeaching the oral evidence of the defendant in trial. § 312 ② of the Korean Criminal Procedure Act provides that the defendant's pre-trial statesments protocol is not admissible when the defendant or the counsel of the defendant denies the truth of the statesment. Because of the provision, some say that the defendant's pre-trial statesments protocol is not admissible for impeachment when the defendant or the counsel of the defendant denies the truth of the statesment. But the Court admits the defendant's pre-trial statesments protocol although the defendant or the counsel of the defendant denies the truth of the statesment, and it is with me on that. For the last problem, the majority in literature and the Court are with the opinion that the authentification is not required for the admissiblity of the hearsay written statement for impeachment. In this point I cannot agree with the Court. The requirement of the authentification is essential for producing all the evidences. It is a different rule from the hearsay rule. In my opinion, It could be said that the majority and the Court confuse the difference. It should be said that a hearsay written statement cannot be used for impeachment when it is not authentifcated.

According to the development of computer, many people recently record their statements with computer. Therefore new issue about the admissibility of the statements recorded in computer file floats on the legal horizon. From the viewpoint of the anglo-american hearsay rule, this issue could be easily cleared by the rule and exception. In principle, hearsay rule say that out of court statements be inadmissible for the evidence of the truthfulness of the contents of the statements and call this out of court statements hearsay. Hearsay rule focuses on the statements, not the method by which this statements are recorded or transferred. As the result, the out of court statements recorded in computer file are hearsay when they are given as evidence for the truthfulness of the contents of the statements But hearsay rule know many exceptions which make the out of court statements admissible. At first, hearsay statements by the defendant are admissible as a exception of hearsay rule. Secondly, hearsay statements by the third party are admissible when there is necessity and guarantee of trustworthiness. There are many categories and general exceptions which represent this necessity and guarantee of trustworthiness. On the other hand, there is another point for the admissibility of the evidence. It is the authentication. Authentication can be given by many methods, as example, by testimony of the declarant, by the testimony of the third party who knows the evidence or other objective materials. From this point of view, we can consider § 313① and § 315 possible clauses for the admissibility of private statements in computer file. At first, § 313① require the authentication be made by the declarant's oral testimony. The Court says that this testimony is the one in which the declarant admit the statements to be made by himself. According to the explanation, the admissibility is decided only by the declarant's subjective admission. This result is unreasonable because the issue of admissibility should be decided by the objective facts. Therefore the testimony of the declarant in § 313① should be construed as all the statements in court and the authentication be decided by all the statements of the declarant in court objectively considered with other facts and materials. And § 315. 3. provides general clause of guarantee of trustworthiness as exception of hearsay rule. This guarantee of trustworthiness as a condition for admissibility is relatively lower level of reliability than the reliability for the selection from the admissible evidences for trusting the facts asserted. The selection from the admissible evidences is for the fact finder, for example, trial jury. not for the leader of the procedure. But in the Court' decision, the Court seems to be unable to distinguish this guarantee of trustworthiness as a condition for admissibility from the issue of selection from the admissible evidences for trusting the facts asserted. So the Court's decision is inappropriate and the statements recorded in computer file should have been admitted.