형사전자소송의 현황과 미래

Abstract

In this era when everything is electronic, only criminal proceedings proceed analogue way. However, since 2010, the actualization of e-proceeding in the area of korean civil litigation has had a certain impact on the scope of criminal proceedings. Since 2010, the Korea Information System of Criminal Justice Services(KICS) has been established to facilitate the electronicization of criminal justice affairs by integrating the electronic systems of criminal justice organizations in the area of criminal cases. In the same year, An electronic summary proceedings have been initiated to electronically process procedures for a certain type of crime. In this article, under the heading 'Status of Electronic Criminal Procedure', I study on the present state of the criminal justice information system and the electronic criminal procedure that is currently being constructed and operated, and discuss the direction of improvement of these systems in order to advance the goal of criminal electronic litigation under the heading 'Future of Electronic Criminal Procedure'. The proposal for the future of electronic criminal procedure through these discussions is as follows. First, the Korea Information System of Criminal Justice Services(KICS) should be restructured as a criminal justice document distribution system centering on the court and, in principle, it should be given the character of the electronic processing system of individual event data to implement the criminal electronic procedure. And for the current electronic procedure, emphasizing that electronicization of the criminal procedure is the preparation stage for the implementation of the criminal proceedings, it is necessary to improve the system that allows the electronic summary proceedings to be applied more closely to general electronic procedure. For example, if a person who has been given an summary order through an electronic summary proceedings want to ask a formal trial, we should improve the system so that defendants(attorneys) can submit litigation material electronically. Ultimately, for the establishment and settlement of electronic criminal procedure, it is necessary to clarify the direction of the adverse effect that electronic procedures can reverse the principle of oral argument or trial centeredness. Specifically, serious reflection on the following philosophical problems is required : Requirements of Proof without reasonable doubt for criminal evidence, Frames of reality awareness based on human senses, Validity of pursuing absolute truth in criminal proceedings.