전자소송과 당사자의 절차참여권 보장

Abstract

The Korean Courts adopted electronic procedure since April 26, 2010. Patent court is the first runner which enjoys the most excellent and unique electronic procedure in the world. On May 2, 2011, civil cases on the merits of the first instance are the second runner. On March 23, 2015, civil execution cases join the electronic procedure cases; almost all cases are using electronic documents, except for criminal cases. In the era of electronic procedure, it is very impotent to protect party’s procedural due process rights of participation. A registered user who has agreed to the electronic procedure shall submit documents to be submitted to the court in an electronic format using an electronic data processing system. The court should not apply this rule rigidly to the pro se party, who is novice to civil litigation. A registered party who has agreed in advance to the electronic procedure get court service through an electronic date processing system. The electronic service shall be made in a way in which court clerks put up the electronic documents to be served on an electronic data processing system and electronically by e-mail and by mobile phone text message notify the person who is to be served such documents of such fact. The service shall be made when the person to be served checks the posted electronic documents. If he/she fails to check the posted documents within one week, service shall be deemed made on the day when one week pass from the day the fact of posting is notified. The supreme court ruled that the service is effective only if both of the notice of e-mali and that of text message are transmitted to the party. The period during which the person who is to be served electronic documents is not able to verify electronic documents due to failure in the electronic data processing system shall not be counted in the period of one week. Where the electronic data processing system is malfunctioning, it is very difficult to regulate the proper measure for relief. In conducting electronic procedure, the purpose of electronic procedure act should be always respected: “to enhance swiftness and transparency thereof, thereby contributing to realizing people's rights(Act on the Use, etc. of Electronic Documents in Civil Procedure, etc § 1).”