단순 교통사건 형사사법절차상 전자(화)문서의 문서성에 대한 고찰

Abstract

This paper takes a look at the related law that has been regulating regarding the electronic documents and the electronization documents and the problems that have been taking place because of it. And it had considered the evidential documents that were submitted by the investigation cooperator, including the electronic documents of the records of the statements, the protocol of the examination of the suspect, etc., that had been written in terms of the practical affairs by the police, the testifier, etc. regarding the documentability regarding the electronically-handled, electronization documents. Also, it had been intended to propose an improvement plan as an alternative regarding what must be done in order to abolish the investigation documents that had been written on paper under the current law. In order to solidify the evidential capabilities of the electronic documents and the electronization documents that are distributed in the criminal justice information system as the documents, firstly, the electronic mission of an electronic document must be written and electronically signed by a police officer as currently carried out. Secondly, regarding the signing and sealing by the person confirming in the police report regarding the testifier, the victim, and the suspect, the system shall be improved by having the electronic signature put in through the official certificate. Also, in the case of converting the paper documents into the electronized documents, too, the system shall be improved so that the electronic signatures through the official certificate of the civil petitioner, who is the submitter, can be done. Thirdly, regarding the evidential capabilities of the electronized documents, the furnishing of the facility, the completion of the education, etc. that result from the Regulations on the Procedure and the Method of Writing an Electronized Document (No. 2017-7, the announcement of the Ministry of Science and ICT) and the Regulations on the Electronized Documents Writing Facility or the Detailed Matters of the Equipment Certifying Standard (No. 2012-67, the announcement of the Ministry of Knowledge Economy) must be abided by. Fourthly, the examination and the interpretation that recognize the same effectiveness of the electronic documents and the electronization documents as the paper documents are needed. I hope that, in the future, with regard to the criminal justice procedure, by having the electronic (electronized) documents receive the recognition of the effectiveness that is the same as the paper documents, the paper documents will not be produced any more.