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KCI등재 학술저널

전자소송절차

전자소송법안을 중심으로

Beginning on March 24, 2010, the Korean Electronic Procedure Act permits courts to use electronic case filing and management system. The new system, which is now available in patent court and will be implemented every court step by step in the future, is going to provide our court with updated and enhanced case management tools, the capability to store court documents in electronic format and the ability to accept electronic filings. The Implementation of new system simply changes the manner in which case filings are received and stored from the traditional paper environment to an electronic format. It does not change the court s current practices concerning filing or access to case documents. Anyone who does not want to use electronic filing system can file documents traditional paper format, then the court convert it to the electronic format. Anyone who want to use electronic filing system must subscribe to the electronic court case filing system, which is provided in internet. After logging on to the court s web site with an ID and an public key certificate, the filler must consent to the procedure using electronic documents before he or she files documents with court over the internet. The consent to the electronic procedure has two meanings. Firstly, the filing system user must file documents electronically. Secondly, the filing system user has to be served electronically. For the procedure of evidence examination, electronic audio, video and text informations are treated basically as documentary evidence, which traditionally means paper evidence. The assigned judge and chambers staff sign on court reports, orders and judgements electronically with a public key certificate and file them with the court system electronically. There are only a little added filing fees for online payment processing system, existing documents filing fees still apply. The official court record in electronic procedure is the electronic file maintained in the court s servers. Litigants can get free access to their court records anytime during the case pending before the court.

Ⅰ. 서설

Ⅱ. 전자소송절차의 개관 및 효용

Ⅲ. 전자소송법의 입법연혁

Ⅳ. 전자소송법의 내용

Ⅴ. 맺음말

<부록> 전자소송법(안)(국회수정안)

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