So-called Wang-jaesan decision (2013do2511) was declared by ‘Korean Supreme Court’ (hereafter ‘KSC’) in July, 2013. The decision had a lot of important substantial and procedural issues in criminal spheres. However, what I have tried to concentrate in this review are only two issues, the one is the issue of the authenticity of electronic evidence (or digital evidence), the other is the issue of the application of ‘the Korean version hearsay rule’ (hereafter ‘KHR’) of the electronic evidence. The methodology of this review is the comparative analysis of the Wang-jaesan decision from the perspective of Federal Rules of Evidence (hereafter ‘FRE’). In Wang-jaesan decision KSC defined the concept of integrity of electronic evidence as ‘the contents of the digital data have not been altered in any manner from the moment that were seized’ or ‘that evidence wasn’t changed after it was captured or collected.’ The meaning of this concept is different from the meaning of the traditional ‘exactness of utterances’(成立의 眞正) of article 312, 312 of KHR. That concept was made from the unique Korean modern legal history. However, it cannot deal with so many hard cases properly. Therefore I suggest in chapter Ⅰ, Ⅱ, Ⅲ, Ⅳ that We Korean legal scholars and practitioners should adopt the concept of authentication something like FRE, even though Korean Criminal Procedure Law does not have clear stipulations about it. In chapter Ⅴ, Ⅵ I did comparing analyses about the applications of KHR by KSC since 1990’s up to the 2010’s. I found that KSC has adopted enormously FRE when there were no clear stipulations in Korean Criminal Procedure Law. This is a kind of interesting phenomenon which deserves to be analyzed from the perspective of comparative law and global legal transplant of evidence rule.

Morus Folium (Sang-yeop in Korean) is one of the most important Oriental medicinal plants. In Korea, both M. alba and M. cathayana are regarded as the botanical sources for Morus Folium. In order to discriminate M. alba and M. cathayana from their adulterant, M. tricuspidata, mitochondrial NADH dehydrogenase subunit 7 (nad7) intron 2 region was targeted for molecular analysis with universal primers. DNA polymorphisms, including SNP sites, insertions, and deletions, were detected among these three species sequencing data. Based on these DNA polymorphisms, specific primers were designed for the three species respectively. Multiplex PCR was conducted for molecular authentication of M. alba, M. cathayana, and M. tricuspidata with specific primers. The present results indicate that it is possible to identify Morus Folium from its adulterant using mitochondrial nad7 intron 2 region. The established multiplex-PCR system was proved to be effective for identification of Morus Folium. The results indicate that mitochondrial introns can be used for inter-specific polymorphic study, and the described method can be applied for molecular identification of medicinal materials.

The fruits of Schisandra chinensis have been used as an edible ingredient and traditional medicine in Korea. Due to morphological similarities of dried mature fruits, the correct identification of S. chinensis from other closely related Schisandrae species is very difficult. Therefore, molecular biological tools based on genetic analysis are required to identify authentic Schisandrae Fructus. Random amplifed polymorphic DNA (RAPD) and Sequence Characterized Amplified Region (SCAR) were used to develop an easy, reliable and reproducible method for the authentication of these four species. In this paper, we developed several RAPD-derived species specific SCAR markers and established a multiplex-PCR condition suitable to discriminate each species. These genetic markers will be useful to distinguish and authenticate Schisandrae Fructus and four medicinal plants, S. chinensis, S. sphenanthera, S. repanda and K. japonica, in species level.

Introducing hearsay rule in 1961, the words of provisions that provide the authentication and attendance of the declarant as exceptions of principle of the court's self-experience, were used as exceptions of the hearsay rule. It results in confusion of the elements of the hearsay rule with the elements of the authentication in the jurisprudence. Many literatures insist and place emphasis on the elements of the authentication as the elements of exceptions of the hearsay rule. With this confusion and misunderstanding, it became very difficult to understand the hearsay rule and many improper interpretations result from this confusion. In the future, the discussion which distinguish the elements of the hearsay rule from the elements of the authentication should be made actively and lead the academy and practice.

The rhizomes and herbal medicines originating from Acorus gramineus, A. calamus, A. tatarinowii, and A. gramineus var. pusilus, show significant similarity, and the correct identification of species is very difficult. Random Amplified Polymorphic DNA (RAPD) and Sequence Characterized Amplified Region (SCAR) were used to develop a reliable method for identification of these four species. Several distinct SCAR markers were developed from species-specific RAPD amplicons for each species. Furthermore, a useful molecular marker was established for multiplex-PCR, in order to the four species could be distinguished concurrently. These markers allow efficient and rapid identification of closely-related Acorus species and will be useful for standardization of herbal medicines.

This study describes an efficient approach to the development of DNA markers for use in distinguishing the Scrophularia species that have been used as useful medicinal crops. In order to distinguish Scrophularia species, DNA sequences of rpl-5 region in mitochondrial DNA of Scrophularia species were analysed for detecting sequence variations, and the PCR-RFLP method was applied for developing practicable DNA marker patterns. Several DNA variations were detected by the sequence comparison of rpl-5 region among Scrophularia species. Genetic relationship analysis of Scrophularia species was carried out based on these DNA variations. DNA variations of rpl-5 region were revealed that it was significantly efficient in genetic relationship analysis of Scrophularia species. In addition, Scrophularia species tested in this study were completely discriminated by four polymorphic genotypes by PCR-RFLP combined with Tsp509 I (^AATT) restriction enzyme. Our results suggested that DNA sequence variations of rpl-5 region were sufficiently useful for genetic relationship analysis of Scrophularia species. Polymorphic genotypes by PCR-RFLP using the Tsp509 I enzyme will be useful for discrimination of Scrophularia species as a practicable DNA markers.