외국 변호사(외국법자문사)의 디지털 증거 압수거부권에 대한 연구

Abstract

In order to utilize the ‘E-Discovery’ process in the United States, legal disputes in our country are being brought to the US International Trade Commission(ITC), civil courts, etc. If electronic information related to such foreign lawsuits is stored in Korea and becomes the subject of search and seizure by domestic investigative agencies, there may be controversy over violations of protective orders from foreign courts, recognition of the right to refuse seizure by foreign lawyers or foreign legal consultants, etc. Under the current law, it is difficult to recognize the right to refuse seizure for foreign lawyers or foreign legal consultants. However, in cases where evidence from lawsuits being conducted in foreign courts are stored in Korea, in order to ensure smooth progress of lawsuits, protect the rights of parties, etc., it is necessary to review legal revisions to allow foreign lawyers or foreign legal consultants to refuse seizure only in exceptional cases, such as when there is a protective order from a foreign court. In addition, an evidence disclosure process similar to ‘E-Discovery’, which is one of the fundamental reasons why lawsuits between domestic companies occur in the United States, should be introduced in Korea. In order to dispel concerns about the overseas leakage of important domestic data and to effectively compensate for damages (recover damages), the introduction of a Korean-style ‘E-Discovery’ process is very urgent. Through revisions to related laws such as the Attorney-at-Law Act and the Foreign Legal Consultant Act, the authority of foreign lawyers and foreign legal consultants working in Korea will be expanded, thereby sufficiently protecting the rights of the parties, including the right to defense. At the same time, by introducing a unique ‘electronic evidence disclosure’ process in Korea, disputes between Korean companies or with foreign companies will be resolved within Korea, and it is hoped that this will lead to quantitative and qualitative expansion of the legal market.