2. Determination

A. The Korean Criminal Procedure Act adopts the principle of substantial direct examination that the establishment of conviction and innocence against the substance of a criminal case ought to be based on a trial-oriented principle, and that only the evidence directly examined in the presence of a judge may be based on a trial-oriented trial, and the original evidence near the facts subject to proof should be based on a trial-oriented trial, and that the use of substitute for the original evidence should not be permitted in principle. This is intended to enable a judge to form a new and accurate conviction through the method of directly investigating the original evidence in a court, while giving the defendant an opportunity to directly state his/her opinion regarding the original evidence, thereby enabling a judge to discover substantial truth and realize a fair trial.

Therefore, the court presiding over the criminal procedure should be able to realize the above substantial and complete spirit of the principle of direct cross-examination in the court of first instance, which is the principle procedure in which the parties’ allegations and evidence examination are conducted, focusing on the court in the process of the criminal procedure and the trial process.

In order to determine the credibility of a statement after the first instance court conducted the witness examination procedure, it is difficult to record the contents in the witness examination protocol, such as whether the contents of the statement itself conforms to the rationality, logic, morality or rule of experience, physical evidence or third party's statement, and whether it conforms to evidence or third party's statement in the public court after being sworn in the presence of a judge.