한국형 전자증거개시 (e-Discovery) 쟁점과 적용방안 연구

Abstract

These days, when core evidence of litigation is digitally produced and processed and especially important information is encrypted and preserved, the electronic evidence initiation model of countries that have already introduced the electronic evidence initiation system is supplemented or revised to suit each country's situation through trial. In the current domestic litigation environment where the electronic evidence disclosure system has not been established, it is difficult for litigants to secure digital evidence held by individuals, companies, and governments in litigation procedures. On the other hand, many countries, including the Anglo-American region, are already operating the e-Discovery system. Recently, discussions have been taking shape in Korea, such as the introduction of a Korean-style e-Discovery law, but concerns have also been raised about possible side effects. In particular, companies are concerned that confidential information of the company may be leaked to competitors through specialized companies or related persons in charge of investigation through the electronic evidence disclosure procedure. To solve this problem, this study aims to present the issues and improvements of the introduction of Korean electronic discovery through the ① qualification management of court-designated experts ② unilateral rejection of sensitive confidential information ③ public cloud server operation model ④ electronic evidence initiation council.