Measures to Realize Sustainable and Efficient Justice from the Perspective of Information and Communications Technology Focusing on the Korean Court

( Hoshin Won ) 서울대학교 아시아태평양법연구소 2016 Journal of Korean Law Vol.16 No.1

The United Nations 2030 Agenda for Sustainable Development with 17 goals calls for a renewed global partnership to foster transformative changes applicable to all countries. Goal 16, the provision of justice for all, can be the key linkage with law and jurisprudence. The Korean Courts share the idea of justice for all with the United Nations. The Korean Judiciary paid continuous efforts by means of Information and Communications Technology (ICT) which could be evaluated as an implementation of the Goal 16 as well as a proposal of “some ideas and measures to realize a sustainable and efficient justice” for the future Judiciary. The judicial informatization of Korea was introduced into the court system from the late 1970s onwards. The Korean Judiciary also implemented the Electronic Litigation system (E-Litigation) in 2010. The e-litigation systems are evaluated as the most transformative method for cultivating efficient and sustainable justice, both for judges and the public. Despite these favorable ICT circumstances, we were also confronted with many obstacles such as financial burdens, technology and security as well as the digital divide. The Supreme Court of Korea has begun a new project, the next generation of judicial ICT systems, to cope with these obstacles. This article addresses some proposals for measures to realize sustainable and efficient justice for the judicial informatization of the Korean Courts at its preliminary stage. The first step will be the Business Process Reengineering and Information Strategy Planning (BPR & ISP) to reduce the gap between the court system and the people`s expectations. Access to legal information, both online and offline, can become a strong and transformative enabler for the achievement of sustainable and efficient justice. Legal empowerment through free access to law and court cases can help fight discrimination and safeguard the rights of all people. Court information must be much more accessible to public to guarantee the sustainability of the court system and the faith of the judiciary. The artificial intelligence device could be used in the legal realm as an Alpha-Judge to increase efficiency. However, the artificial intelligence cannot serve as a substitute for the human mind or feelings of justice. The ubiquitous access will benefit the welfare of court workers. We also have to bear in mind that the importance of security and data protection. ICT has to bridge these two concepts: security and safety. Lastly, although a treasure trove of information is available to us, access to information is not always guaranteed to everybody. It is the judiciary`s role and responsibility to embrace those who have been alienated from society. ICT will become more prevalent by soliciting fancy and efficient methods. Technology is an effective tool to facilitate our advancement, but its use cannot be the final goal we are striving for. We must focus on the core values and purposes of the judicial service. The justice system is human. I am sure we can continuously seek future advancements, while reminding ourselves that the best way to predict the future is to create it.

사법에서 인공지능 기술의 수용을 위한 기초 연구 - 사법접근권(Access to Justice)을 중심으로 -

정채연(Chea Yun Jung) 전북대학교 법학연구소 2021 法學硏究 Vol.66 No.-

인공지능이 다방면으로 상용화됨에 따라 사법절차에서 인공지능의 활용 가능성 역시 본격적인 논의의 대상이 되고 있다. 사법에서 인공지능의 활용은 분쟁해결의 효율성 제고, 사법접근권의 향상, 그리고 법적 투명성을 확보하는 데 기여할 것으로 기대되고 있으며, 이러한 정당성에 근거하여 적극적인 수용이 검토되는 단계라고 할 수 있다. 특히 사법부의 지능정보화를 추진하고자 하는 밑바탕에는 국민의 사법접근권(access to justice) 고양이라는 사법정책적 목표가 뒷받침하고 있다고 볼 수 있다. 이에 본 논문은 사법 분야에서 지능정보기술의 활용이 사법접근권의 맥락에서 정당화되고 있는 최근의 논의 추이를 반영하여, 사법에서 인공지능 기술의 도입 필요성 및 수용 가능성이 높은 분야를 확인하고, 이를 통해 사법절차 및 사법서비스의 개선 방안을 마련하기 위한 기초 연구를 제공하고자 한다. 이를 위해 사법접근권의 제고라는 사법정책의 일환으로 각국의 사법부에서 추진·진행되고 있는 인공지능을 비롯한 지능정보기술의 활용 현황을 검토한다. 이러한 논의를 바탕으로 사법부의 지능정보화 및 사법의 디지털화에 대한 정당성 기반으로서 사법접근권의 의의에 대해 논하고, 사법접근권의 관점에서 인공지능의 활용이 발전적으로 추진될 수 있는 쟁점 및 분야를 다음과 같이 정리해 제시하고자 한다: i) 사법적 의사결정에 대한 지능형 분석 도구의 제공; ii) 온라인 분쟁해결 플랫폼 및 자동화된 의사결정; 그리고 iii) 나홀로 소송을 위한 사법지원 서비스. As artificial intelligence (AI) technology is commercialized in various fields in the intelligent information society, the possibility of using AI in judicial proceedings is also being discussed in earnest. The use of AI in the judicial system is expected to enhance the efficiency of dispute resolution, to improve access to justice, and to secure legal transparency. In particular, the judicial policy towards ‘intelligent informatization of justice’ is supported by the concept of ‘access to justice’ as a justification. This paper focuses on the recent trend that the use of intelligent information technology in the judicial field is introduced in the context of ‘access to justice,’ and aims to highlight the areas where the use of AI is probable and desirable to enhance the citizen’s accessibility to the judicial system. Specifically, the paper reviews the policy efforts promoted by the judiciary in several countries to enhance the right to access to justice, and focuses on the following three areas as follows: i) providing intelligent analytical tools for judicial decision-making; ii) online dispute resolution platforms and automated decision-making; and iii) judicial services for self-representative lawsuits. Finally, based on the above discussion, the paper concludes the discussion by mentioning some reflections that can be considered in Koreas judicial policy.

전자소송 등 업무환경 변화에 따른 법원공무원의 인력운영 방안

박미정 ( Park Mijeong ),김정환,서용성 사법정책연구원 2020 연구보고서 Vol.2020 No.16

Electronic litigation in Korea based on world-class IT technology began with patent litigation in 2010, and gradually expanded its scope to civil litigation in 2011, domestic and administrative litigation in 2013, insolvency procedure in 2014, and civil execution proceedings in 2015. As of now, it has been established stably and has advanced highly enough to occupy a worldwide unique position.  The spread of electronic litigation led to a decreasing the volume of works in the field of simple, repetitive tasks for court officials, and thereby the increased work efficiency became the basis for strengthening the competence of court officials, resulting in expanding the scope of works. Along with these achievements, the court is now making new history by taking steps to conduct a demonstration of full electronization of payment order cases and civil litigation. However, behind this lies the participation and hard work of court officials who have been faithfully carrying out the process of advancement and new work in the midst of confusions in the path toward the successful establishment of electronic litigation, the subsequent advancement thereof and the pilot full-scale electronization.  Modern society is constantly changing and developing, and in line with the growing demands and levels of public service, the field of work of court officials is also being transformed into customized judicial work like “Government 3.0.” To this end, many court officials are participating in the process of its development.  In spite of the spread of electronic litigation, the number of court officials has not decreased, but rather has been increasing slightly. This is because we share the context of keeping pace with many other factors according to changes in society, and this is to emerge as a new outcome of improving the quality of judicial services by strengthening the competence of court officials.  The analysis of changes in the workforce of court officials after the introduction of electronic litigation in Germany, Singapore, and the United States, reveals that a reduction in work due to electronic litigation does not necessarily interconnect into the reduction of manpower. However, as the enforcement of electronic litigation contributes to redesigning court affairs and improvement of its efficiency, the perspective that emphasis should be placed on enhancing professionalism in work and improving the quality of court services has given great implications for us as well.  Under the current situation, the personnel operation of court officials must be in line with the process of changing the work organization demanded by the information-oriented society through feasible and efficient manpower rearrangement, and consequently it is necessary to reinforce professionalism and seek job-oriented manpower allocation, as well as move in a flexible direction that would take the work-life balance into consideration. Although new measures and attempts to increase work efficiency will be important, however above all, its success or failure shall depend on solidifying a foundation of empathy based on trust and fairness by putting the perspective of court officials as a starting point for the efficiency of manpower operation.  It is hoped that this study will help to prepare efficient personnel operation plans for court officials under the electronic litigation system, and in this way, court officials will actively play their roles as the subject of court affairs and as the central axis of the court.

민사전자소송 시행 10년, 그 성과와 전망 - 민사 본안소송을 중심으로 -

전휴재 ( Chon Huy Jae ) 사법정책연구원 2022 연구보고서 Vol.2022 No.10

Electronic litigation in Korea began around 2010 when the 「Act on the Use of Electronic Documents in Civil Procedure, etc.」 was enacted and the patent electronic litigation system was established, but its origin dates back to the late 1970s. Since the Supreme Court first established the “Judicial Information Computerization Plan” in 1979, judges have developed a case search and judgment-writing program and constructed a database. Computerization of registrations and issuance of certifications were also introduced to improve judicial services to the public. With such progress of judicial informatization, calls for adoption of electronic litigation have been growing from within the judiciary, especially as judges look to other countries that adopted electronic litigation in the 1990s.  Accordingly, in the early 2000s, efforts to prepare legislation and establish systems for electronic litigation began in Korea. As a result of these efforts, the 「Act on the Use of Electronic Documents in Civil Procedure, etc.」 was enacted in March 2010. Since then, electronic systems for patent litigation have been constructed in April 2010, for civil litigation in May 2011, and for civil enforcement and non-contentious procedures in March 2015. The establishment of electronic litigation systems for all litigation areas except criminal litigation was completed within five-year period, which was prescribed at the time of enactment of the 「Act on the Use of Electronic Documents in Civil Procedure, etc.」 as the latest limit of im plementing electronic litigation. It is unprecedented that a legal system of electronic litigation was constructed in such a short period of time, even in other developed countries that have advanced legal systems. What made it possible to construct the systems quickly in Korea was its advanced ICT infrastructure that was established before the implementation of electronic litigation systems, and the Korean people who are relatively quick to adapt to new technology.  More than 10 years has passed, and electronic litigation is now the mainstream of civil litigation in Korea. Regardless of subject-matter jurisdiction, more than 90% of all civil lawsuits are filed and processed through the electronic litigation system. This adoption serves as evidence that Korea has shifted from being a fast-follower, by benchmarking countries that implemented electronic litigation systems before Korea, to a first-mover that now leads electronic lawsuits, on a par with pioneer countries.  However, to further improve electronic litigation in Korea, the judiciary must continue to examine the current state of electronic litigation around the world and draw implications for improvements. With the importance of comparative legal research in mind, this research firstly examines systems in the United States, which has implemented the electronic lawsuit system firstly in the world in the early 1990s and adopted NextGen, a next-generation electronic litigation system. This research also reviews systems in Singapore, the first Asian country that implemented electronic litigation and now seeks to innovate its system via state-led judicial reform. In addition, this research explores systems in Germany and Japan, which went through a long preparation process to carefully and thoroughly revise their Civil Procedure Acts to implement electronic litigation and are now developing systems for electronic litigation. Finally, this research reviews systems in China, which has implemented online courts and the blockchainization of electronic evidence by utilizing its advanced ICT technology.  In Korea, the establishment of the “next-generation electronic litigation system” which is expected to be completed in 2024, will be the first gateway to enter a new stage of electronic litigation. Korea needs to fully reorganize the current system, which will be outdated, to im prove access to trials, and preemptively respond to rapid social changes and technological advances caused by big data and artificial intelligence. If the “next-generation electronic litigation system” is implemented as scheduled, it is expected that an innovative and user-friendly electronic litigation environment will be created. It is, however, disappointing that there has not been any noticeable improvement in the institutional preparation for electronic litigation. The 「Act on the Use of Electronic Documents in Civil Procedure, etc.」, the lex specialis that was hastily enacted to prepare a normative basis for implementing electronic litigation within 5 years with only 16 articles remains in effect. As a result, the Civil Procedure Act, designed to lay out the rules for traditional, paper- based civil litigations, is losing its relevance to today’s real-world litigation. As new wine must be put into new bottles, the Civil Procedure Act should be amended to address the new litigation environment based on electronic litigation, and norms should be redesigned to fit the new ICT environment. It is necessary to establish infrastructure to actively utilize the remote video trials, which has suddenly become widely used due to the COVID-19 pandemic, and to develop strategies to promote a speedy and efficient trial by adjudicating small claims cases online, adapting to the current non-face-to-face and non-contact era. It is also time to carefully devise principles for the use of artificial intelligence in the judiciary based on a social consensus in order to prepare for the impending era of artificial intelligence.

민사전자소송 시행 10년, 그 성과와 전망

전휴재 사법정책연구원 2022 사법정책연구원 연구총서 Vol.2022 No.10

우리나라의 전자소송이 본격적으로 시작된 것은 「민사소송 등에서의 전자문서 이용 등에관한 법률」이 제정되고 특허 전자소송시스템이 갖추어진 2010년경이지만, 그 뿌리는 1970 년대 후반으로 거슬러 올라간다. 대법원이 1979년 ‘사법정보 전산화계획’을 수립한 이래 법관들을 중심으로 판례 검색 및 작성 프로그램이 개발되고 데이터베이스가 구축되기 시작하였다. 또한 대국민 사법서비스의 수준을 제고하기 위해 등기 전산화와 제증명의 발급도 이루어졌다. 이러한 사법정보화의 발전에 따라 1990년대 전자소송을 시작한 외국의 예를 참고하여 전자소송을 도입해야 한다는 사법부 내부의 목소리가 높아졌다. 이에 2000년대 초반 들어 전자소송 관련 입법과 시스템 구축을 위한 준비가 시작되었고, 2010. 3. 「민사소송 등에서의 전자문서 이용 등에 관한 법률」 제정을 시발점으로 2010. 4. 특허 전자소송, 2011. 5. 민사본안 전자소송, 2015. 3. 민사집행 및 비송절차 전자소송 실시에 이르기까지 위 법 제정 당시 예정한 5년의 기간 내에 형사소송을 제외한 전 분야에서전자소송시스템 구축이 완료되었다. 이처럼 단기간 내에 전자소송 제도와 시스템을 완비한것은 선진 외국의 사례를 보아도 그 유례를 찾아보기 어렵다. 그만큼 전자소송이 쉽게 뿌리내릴 수 있는 튼튼한 ICT 환경이 구축되어 있었고, 새로운 기술에 적응이 빠른 우리 국민의기질도 한몫하였을 것이다. 10년의 세월이 지난 지금, 전자소송이 민사소송의 주류가 되었다. 사물관할과 관계없이전체 민사소송의 90% 이상이 전자소송시스템을 통해 접수, 처리되고 있다. 우리나라보다앞서 전자소송을 시행한 국가들을 벤치마킹하여 fast-follower 전략을 구사하여 왔는데, 이제는 그들과 어깨를 나란히 하면서 전자소송을 선도하는 first-mover가 된 것이다. 그러나 전자소송을 장래에도 지속적으로 발전시키기 위해서는 세계 각국의 전자소송 현황을 확인하고 더 나은 요소를 받아들이려는 노력을 게을리하지 말아야 한다. 그런 의미에서 1990년대 초반 세계 최초로 전자소송을 시행하고 차세대 전자소송시스템 NextGen을xiv 도입한 미국, 아시아 최초로 전자소송을 시작하였으며 국가 주도의 강력한 사법개혁으로 시스템을 혁신적으로 탈바꿈하려는 싱가포르, 신중하고 철저하게 전자소송을 시행하기 위하여 오랜 준비과정을 거쳐 민사소송법 개정작업을 하고 본격적으로 시스템 개발에 나선 독일과 일본, ICT 기술 발전에 힘입어 온라인 법원과 전자증거의 블록체인화를 구현한 중국 등의 동향을 유심히 살펴볼 필요가 있다. 우리나라에서는 2024년 ‘차세대 전자소송시스템’의 구축이 전자소송의 새로운 단계로 진입하는 첫 단추가 될 것이다. 노후화되어 가는 현행 시스템을 전면 개편하여 재판에 대한접근성을 높이고, 빅데이터와 인공지능 발전에 따른 급격한 사회변화와 기술 진보에 선제적으로 대응할 수 있어야 한다. 예정대로 ‘차세대 전자소송시스템’이 구현된다면, 혁신적이고사용자 친화적인 전자소송 환경이 조성될 것으로 기대한다. 한 가지 아쉬운 것은, 전자소송의 제도적 측면에서는 아직 눈에 띄는 개선의 노력이 보이지 않는다는 점이다. 5년 내 완성이라는 목표를 이루기 위해 불과 16개의 조문으로 급히만든 특별법인 「민사소송 등에서의 전자문서 이용 등에 관한 법률」 을 그대로 유지하고 있고, 이에 따라 전통적인 종이소송에 맞추어 설계된 민사소송법은 소송 현실에 대한 규범력을 잃어가고 있다. 새 술은 새 부대에 넣어야 하듯이, 더 늦기 전에 전자소송을 기본값으로민사소송법을 개정하고, 새로운 ICT 환경에 맞게 규범을 재설계해야 한다. 코로나19 팬데믹으로 갑자기 현실이 된 원격영상재판을 적극적으로 이용할 기반을 마련하고, 소액 사건은비대면-비접촉 시대에 맞게 온라인을 통해 해결함으로써 재판의 신속과 경제를 도모하는전략이 필요하다. 또한 눈앞에 닥친 인공지능 시대에 대비하기 위하여 사회적 합의에 기초한 사법부 인공지능 활용에 관한 원칙을 차분하게 가다듬어 볼 때이다. Electronic litigation in Korea began around 2010 when the 「Act on the Use of Electronic Documents in Civil Procedure, etc.」 was enacted and the patent electronic litigation system was established, but its origin dates back to the late 1970s. Since the Supreme Court first established the “Judicial Information Computerization Plan” in 1979, judges have developed a case search and judgment-writing program and constructed a database. Computerization of registrations and issuance of certifications were also introduced to improve judicial services to the public. With such progress of judicial informatization, calls for adoption of electronic litigation have been growing from within the judiciary, especially as judges look to other countries that adopted electronic litigation in the 1990s. Accordingly, in the early 2000s, efforts to prepare legislation and establish systems for electronic litigation began in Korea. As a result of these efforts, the 「Act on the Use of Electronic Documents in Civil Procedure, etc.」 was enacted in March 2010. Since then, electronic systems for patent litigation have been constructed in April 2010, for civil litigation in May 2011, and for civil enforcement and non-contentious procedures in March 2015. The establishment of electronic litigation systems for all litigation areas except criminal litigation was completed within five-year period, which was prescribed at the time of enactment of the 「Act on the Use of Electronic Documents in Civil Procedure, etc.」 as the latest limit of im- xvi plementing electronic litigation. It is unprecedented that a legal system of electronic litigation was constructed in such a short period of time, even in other developed countries that have advanced legal systems. What made it possible to construct the systems quickly in Korea was its advanced ICT infrastructure that was established before the implementation of electronic litigation systems, and the Korean people who are relatively quick to adapt to new technology. More than 10 years has passed, and electronic litigation is now the mainstream of civil litigation in Korea. Regardless of subject-matter jurisdiction, more than 90% of all civil lawsuits are filed and processed through the electronic litigation system. This adoption serves as evidence that Korea has shifted from being a fast-follower, by benchmarking countries that implemented electronic litigation systems before Korea, to a first-mover that now leads electronic lawsuits, on a par with pioneer countries. However, to further improve electronic litigation in Korea, the judiciary must continue to examine the current state of electronic litigation around the world and draw implications for improvements. With the importance of comparative legal research in mind, this research firstly examines systems in the United States, which has implemented the electronic lawsuit system firstly in the world in the early 1990s and adopted NextGen, a next-generation electronic litigation system. This research also reviews systems in Singapore, the first Asian country that implemented electronic litigation and now seeks to innovate its system via state-led judicial reform. In addition, this research explores systems in Germany and Japan, which went through a long preparation process to carefully and thoroughly revise their Civil Procedure Acts to implement electronic litigation and are now developing systems for electronic litigation. Finally, this research reviews systems in China, which has implemented online courts and the blockchainization of electronic evidence by utilizing its advanced ICT technology. ...