CONTENTS
- 1. Civil Litigation/Criminal Litigation Evidence | The Importance of Evidence
- - The Meaning of Evidence
- - Points to Note When Collecting Evidence
- - Legality of Evidence
- 2. Civil Litigation/Criminal Litigation Evidence | Types of Evidence in Civil Litigation
- 3. Civil Litigation/Criminal Litigation Evidence | Types of Evidence in Criminal Litigation
- 4. Civil Litigation/Criminal Litigation Evidence | Collection Methods and Precautions by Type
- - Examples of Key Evidence Collected by the Evidence Investigation and Digital Forensics Centers
- - Reasons the Evidence Investigation and Digital Forensics Center Is Needed
1. Civil Litigation/Criminal Litigation Evidence | The Importance of Evidence
Civil litigation/criminal litigation evidence is necessary and important regardless of one's position when litigation is in progress.
Evidence is an important material for proving the facts of a case and has a direct impact on the judgment in court.
In civil litigation, evidence is mainly required to prove contracts, property, and damages, while in criminal litigation, evidence related to the facts of a crime is collected and plays an important role in determining the guilt or innocence of the defendant.
For this purpose, evidence must be collected lawfully and prepared so that it can have legal effect.
If you wish to make a claim and challenge the other party, evidence supporting that claim is necessary, and conversely, if you wish to defend against the other party's claim, evidence contradicting that claim is necessary.
The Meaning of Evidence
Evidence in civil litigation/criminal litigation refers to all objective materials submitted to the court to prove one's claims (the facts of the case).
▶Characteristics of Civil Litigation Evidence
Civil litigation is a dispute over rights and obligations between individuals, so the plaintiff must prove his or her claims.
Document-centered evidence such as contracts, text messages, emails, and account transfer records often plays a decisive role.
Evidentiary materials are assessed in accordance with the Civil Act, the Civil Procedure Act, and the law of evidence, and the credibility, legitimacy, and authenticity of the evidence are important.
▶Characteristics of Criminal Litigation Evidence
Criminal litigation is the procedure for the State to exercise its power to punish crimes.
The prosecutor has the burden of proving guilt, and the defendant may submit defense evidence to assert innocence.
The authenticity and lawful collection of various types of evidence, such as statement records, video, testimony, and digital forensic materials, are strongly examined.
Most importantly, evidence that has legal effect must not be a mere claim or printout, but material that has been lawfully collected through proper procedures and is recognized as having legal effect.
Points to Note When Collecting Evidence
With civil litigation/criminal litigation evidence, collecting as much material as possible can be advantageous, but it is most important to collect material with probative value that can be used in litigation.
This is because, even if one holds a great deal of material, there is no point in holding it if it cannot be used in litigation.
In addition, submitting material that contradicts one's own claims can actually be disadvantageous in litigation.
For this reason, it can be said that, after collecting evidence for civil litigation and criminal litigation, establishing a plan for how it can be used is even more important.
After collecting evidence, one must establish a reasonable plan for using that evidence and conduct a legal review.
Legality of Evidence
In the process of collecting evidence for civil litigation or criminal litigation, the most important point is the legality of the evidence.
Evidence collected unlawfully may not be admitted as evidence in court during criminal litigation, and additional legal problems may arise.
In criminal litigation in particular, the unlawful collection of evidence can lead to an infringement of the defendant's rights, so the correct procedures must be followed.
In civil litigation as well, it is advantageous to comply with the form and procedures legally required for submitting evidence, and a thorough review of the reliability of the evidence is also necessary.
Accordingly, it is important to collect and submit evidence that satisfies the legal requirements with the assistance of an attorney and evidence examination professionals.
2. Civil Litigation/Criminal Litigation Evidence | Types of Evidence in Civil Litigation
The types of evidence frequently handled in civil litigation are as follows.
Main Type of Dispute | Required Evidence | Example |
|---|---|---|
Claims and Obligations | Loan certificate, account transfer records, text message/KakaoTalk records | Where money was lent and not repaid, deposit records, loan certificate, text messages demanding collection of the claim, and similar |
Breach of Contract | Contract, email, recording, messenger records | Text messages demanding repair of defects, warning emails regarding non-performance of contract terms, and similar |
Damages | Medical certificate, photographs, CCTV, insurance documents | Photographs of damaged property, hospital treatment records, treatment cost records, and similar |
Lease | Lease agreement, account transfer records, text messages demanding vacancy | Deposit records to verify the fact of unpaid monthly rent, KakaoTalk conversations requesting move-out, and similar |
Family/Inheritance | Household account book, recording, will, medical history records | In a claim for the legally reserved portion, recordings showing circumstances of intentional gifts, account tracing of asset flows among family members, and similar |
3. Civil Litigation/Criminal Litigation Evidence | Types of Evidence in Criminal Litigation
The types of evidence frequently handled in criminal litigation are as follows.
Type of Case | Required Evidence | Example |
|---|---|---|
Crime of Fraud | Account transfer records, recording, text message/KakaoTalk, contract | In responding to investment fraud, records of money sent and recordings of the false promises made |
Assault/Infliction of Bodily Injury | Medical certificate, CCTV, on-site photographs, witness statements | Hospital treatment records immediately after the altercation, CCTV from surrounding shops |
Defamation | Posts, comments, text messages, recording | Cafe posts spreading false facts, group chat conversation contents |
Theft/Embezzlement | Account tracing records, receipts, photographs of property, access records | Account flows of embezzled company funds, ATM footage of withdrawals, and similar |
Sexual Offenses | KakaoTalk, recording, medical records, psychiatric medical certificate | Where consent is at issue, captures of conversation contents, counseling records, and similar |
4. Civil Litigation/Criminal Litigation Evidence | Collection Methods and Precautions by Type
1. KakaoTalk and Text Message Captures
Therefore, capture continuously so that the date and time of the conversation, the names of the sender and recipient (or phone numbers), and the entire flow of the conversation are visible.
To prove that the messages were not edited or manipulated, it is advisable to preserve the original smartphone device containing those messages.
To have strong evidentiary value in civil litigation, it is safer to obtain notarization.
2. Printouts of Email Send and Receive Records
Print the records so that the send time, recipient address, subject, body, and the existence of any attachments are clearly visible.
For webmail, use the function that saves the entire email as a PDF, and keep the original email on the server without deleting it.
Because the other party may deny having received the email, where possible, also print out read receipts, automatic reply emails, and CC/BCC records.
3. Account Transfer Records
Obtain the entire deposit and withdrawal transaction statement printed as an official document from the bank.
It is advantageous to prove the nature of the transaction by submitting, in parallel, contracts, invoices, KakaoTalk conversations, and text messages with the counterparty involved in the transaction.
If the transaction completion screen captured from a smartphone app is also submitted, it can be useful as circumstantial evidence of the situation at the time of the transaction.
4. Recordings (Phone Calls or Face-to-Face Conversations)
However, recording a conversation between third parties without authorization may be punishable as illegal wiretapping.
The recording file must be submitted as the original without editing, and a summary transcript stating the recording time, place, and relationships of the persons should be submitted together.
For important recordings, analysis through a professional institution or notarization with a notary present increases their effect.
5. Securing the Authenticity of Documents, Videos, and Other Materials
For contracts, settlement agreements, and the like, whether a seal (affixed seal) is present, whether the parties signed, and the consistency of the time of preparation must be confirmed.
Submit the original documents to the court, and notarization or third-party testimony should be secured in preparation for the possibility that the other party denies authenticity.
For video materials, preserving the date and time of filming, the location, and the original file metadata is key, and it is preferable to preserve the original file rather than a compressed video.
6. Use of Professional Institutions Such as the Evidence Investigation Center and the Digital Forensics Center
In criminal cases in particular, because evidentiary capacity hinges on the legality of the collection method, the cooperation of a professional institution can have a decisive effect.
Examples of Key Evidence Collected by the Evidence Investigation and Digital Forensics Centers
This firm's Evidence Investigation Center and Digital Forensics Center mainly collect the following key types of evidence.
| Item | Specific Content Collected |
|---|---|
| Mobile Phone Forensics Through Collaboration Between Evidence Examination Professionals and Digital Forensics Professionals | Recovery of KakaoTalk Messages, Text Messages, and Call Records, and Timeline Analysis |
| Email Examination | Send Time, IP Tracing, and Analysis of Whether the Mail Was Forged or Altered |
| Recording Examination | Voice Analysis, Whether It Was Forged or Altered, and Determination of Whether It Is the Same Person |
| Digital Document Forensics Through Collaboration With the Digital Forensics Center | Whether a Contract Was Forged, and Tracing of the Time of Preparation |
| CCTV Recovery Through Collaboration With the Digital Forensics Center | Recovery of Deleted Video and Verification of Whether the Filming Time Matches |
Strategy of the Digital Forensics Center
For the legality, reliability, and strategic use of evidence that can determine the outcome of civil and criminal litigation, the Digital Forensics Center maintains recovery competence as a baseline while combining strategic capability to collaborate with attorneys.
Reasons the Evidence Investigation and Digital Forensics Center Is Needed
The Evidence Investigation Center and Digital Forensics Center of Daeryun Law Firm are departments specializing in securing and analyzing evidence that play a central role in various disputes, including civil and criminal litigation.
1. Precise, Tailored Evidence Investigation for the Resolution of a Single Case
Because the legal issues, the characteristics of the parties involved, and the difficulty of proof differ for each case, a single manual is not applied to all entrusted cases; instead, a one-to-one dedicated investigation approach is taken.
2. In-Depth Analysis and Structuring of Evidence
For the secured materials, they prepare an analysis report based on criteria such as risk points, the possibility of contrary interpretation, whether authenticity is established, and the likelihood of persuading the court, and they collaborate with attorneys to reflect this in strategy.
3. Thorough Adherence to the Principle of Collecting Evidence by Lawful Means
Daeryun excludes unlawful acts such as illegal recording, invasion of privacy, and unlawful disclosure of documents, and manages all evidence collection and analysis so that it is carried out within the scope of the relevant statutes.
Based on the analysis results of the Evidence Investigation Center and Digital Forensics Center, Daeryun designs the proof structure of the case at hand and lays the cornerstone of the overall litigation strategy.
The professionals of this firm do not complete their work by simply collecting and providing evidence.
They are a professional organization that secures evidence capable of determining the direction of the litigation and develops it into strategy through multidimensional analysis.
A strength of Daeryun is that external professionals with detective qualifications, digital forensics analysts, and attorneys cooperate organically, enabling an integrated response that drives a single case through to the end.
If you need assistance with collecting civil litigation or criminal litigation evidence, you may request assistance.
See More
