유언제도의 디지털화 - 일본의 전자유언 제도 도입 논의를 중심으로

The Digitalization of the Will System : Focus on the discussion regarding the introduction of the electronic will system in Japan

A will is an important system that allows test takers to decide on their own legal relationship after death and prevents disputes between heirs. Considering the aging and digitalization of society, the need for a will system that introduces digital technology to guarantee the freedom of the testator's realization in an aging society is increasing, and if the legal gap over the effect of the electronic will continues due to the lack of a legal basis for it, it is thought that there will be a number of social problems, such as intensifying disputes between heirs after the testator dies. In order to suggest the direction of establishing a legal and institutional device that can regulate electronic wills, this paper analyzes the contents of Japanese legislative discussions on the introduction of the electronic will system and examines the contents of the will storage system and electronic notarization system to prepare a will system in the digital age to suggest the direction of reorganization of the will system that can reflect the social needs of Korea's digitalization. In introducing the electronic will system, two aspects should be considered in a balanced way: enhancing 'convenience of use' and securing 'authenticity of wills' by using electronic methods. Specifically, by establishing a legal and technical foundation for electronic wills through the introduction of the will storage system and electronic notarization system, the entire process from writing to establishment of wills should be digitized, and legislative and institutional measures should be sought to secure the authenticity equivalent to the current will system through technical supplementary devices such as electronic signatures. This legal and institutional improvement is expected to ultimately contribute substantially to the realization of the will of the testator in the digital age.