Evidence Law in South Korea

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

South Korean evidence law is governed primarily by the Criminal Procedure Code (형사소송법, 1954, comprehensively amended 2007) and the Civil Procedure Code (민사소송법, 2002 consolidation). The evidence framework reflects the civil law inquisitorial heritage, though the 2007 criminal procedure reform introduced significant adversarial elements. The confession rule, hearsay restrictions, and digital evidence admissibility are central features of Korean evidence doctrine.

Criminal Evidence Law

Confession Rule

Article 309 of the Criminal Procedure Code provides that a confession obtained through torture, assault, threat, prolonged detention, or deceptive means is inadmissible. Article 310 further provides that a confession alone is insufficient for conviction — corroborating evidence is required (the “confirmation rule” or bohwang beopchik). This rule, adopted from Japanese law, prohibits conviction based solely on the defendant’s confession, even if made voluntarily in court.

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Evidence Law in South Korea

Introduction

Criminal Evidence Law

Confession Rule