리걸테크의 도입과 형사전자소송의 가능성 및 한계

Abstract

When The Act on the Use of Electronic Document in Criminal Justice Procedures is fully implemented in 2024, it is expected that full-fledged electronic litigation will be possible in criminal procedures. The scope of application of The Act on the Use of Electronic Document in Criminal Justice Procedures is limited to criminal justice affairs, but in the long run, it will expand to the macroscopic perspective of digitalization and intelligent informatization of overall criminal justice services. However, even if the law or system is established, there may be various expected problems in the process of operation. To this end, in this paper, first of all, the obstacles to the activation of Legal Tech, which is the environmental basis of electronic criminal proceedings, were examined. After confirming the specific aspects of the litigation, we examined the points where the electronic criminal proceedings can function or expand in the trial process In this paper, first of all, the fundamental cause of the lack of discussion on Legal Tech, which can be the environmental basis of electronic criminal proceedings, was identified. While accepting legal tech, such as intelligent information technology, the author raised issues such as our still conservative legal system and practices, information accessibility of personal information, and intellectual property rights infringement. Next, as a supplementary point for the success of electronic criminal proceedings, a plan to resolve the reluctance of those involved in the case in electronic criminal proceedings and a plan to prevent abuse of accumulated data were presented. Next, in the introduction process by stage of litigation, it was ordered to improve the system considering the difference in digital literacy in the process of submitting litigation documents, the issue of equality in the process of distributing electronic documents, and legislative overhaul for exceptions to the provision of service. On the other hand, the implementation of the Criminal Procedure Electronic Documents Act provides significant implications for e-discovery. In the disclosure of evidence, the practice of written caution will be overcome, and various problems raised in the academic world in relation to the refusal of the investigation agency to disclose evidence will be resolved. It will be possible to examine the adequacy of the reason for refusal by the investigative agency, and in particular, it will be possible to secure the binding force of the court's order to disclose evidence and prepare a separate regulation so that the investigative agency cannot refuse the order to disclose evidence. In addition, in this paper, we also looked at the possibility of using intelligent information technology in determining the verifiable power or reliability of electronic remote statements and statements that can be used in courts.