일본의 2022년 민사소송법 개정에 대한 연구

Abstract

Electronic litigation ensures the accessibility of trial proceedings and court records to the general public by utilizing electronic documents and an electronic case management system. Information Technology (IT) enables litigation to be conducted expeditiously. In this regard, electronic litigation not only facilitates fair and efficient trials but also enhances public trust in the judicial system. However, the implementation of electronic litigation requires the legislation for electronic litigation and the development of systems to facilitate its operation. Initially hesitating the adoption of electronic litigation, Japan fully embraced it by revising the Civil Procedure Act of Japan in 2022. This revision encompasses a broad range of modifications to the civil litigation system, including not only the digitalization of civil litigation, but also the introduction of expedited procedures, the implementation of a protective measure for party identification, and the establishment of procedures for the investigation of electronic evidence. The primary objective behind Japan's reform of civil litigation adopting electornic litigation is to enhance procedural efficiency and effectiveness, improve litigant accessibility, and ultimately uphold the principles of fairness in trials, thereby elevating the overall quality of the judicial process. This paper focuses on three key aspects: 1) online filing and service, 2) electronic courtroom, and 3) electronic case management. By conducting a comparative study on the provisions of electronic litigation between Japan and Korea, it can be expected to introduce implications with regard to electronic litigation in Korea.