이른바 전자소송법에 대한 비판적 검토

• 영문명: A Review of the Electronic Procedure Act – Focus on the Meaning of the term “Documents” and “Documentary Evidence” –
• 발행기관: 한국민사소송법학회
• 저자명: 임상혁(Ihm, Sahng Hyeog)
• 간행물 정보: 『민사소송』제16권 제1호, 459~481쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.05.30

영문 초록

Korean judicature has been wildly publicizing the opening of the electronic litigation era as the “Act on the Use of Electronic Documents in Civil Procedures”(Electronic Procedure Act) takes effects on March 2010. This law means using electronic documents as well as paper documents in the court. Generally it is called the electronic filing system(electronic case management). Beyond this kind of territory, however, the article 13 of the act controls the area of documentary evidence, which causes considerable problems in current civil procedural system. The Civil Procedure Act make distinction between documents, paper files and written forms. But the newly made Electronic Procedure Act overgeneralize the meaning of documents, which means it defines every kinds of documents, for example, such as a special kind of document that works as an evidence. Furthermore, the act seems to include sound and image data into the documentary evidence erea. Beacuse that does not inflect the characteristic of document evidences at all, the best solution at the moment is to construe the article1 13 restrictly: the article1 is the provision about a form of the examination of evidence, That is supplementary regulation of the article 374 of the Civil Procedure Act, and the article 120 & 121 of Civil Procedure rules. And the concept of the “electronic document” on the article 2 of the Electronic Procedure Act should be confined to relation to the electronic filing system only.

목차

Ⅰ. 들어가며

Ⅱ. 개념의 검토

Ⅲ. 서증과 문서

Ⅳ. 전자소송법과 증거조사

Ⅴ. 맺음말

참고문헌

키워드

민사소송 등에서의 전자문서 이용 등에 관한 법률 전자소송법 문서 서증 서류 서면 전자문서관리체계 문자정보 영상정보 음성정보 the Act on the Use of Electronic Documents in Civil Procedures Electronic Procedure Act documents documentary evidence paper file written form electronic filing system text data image data sound data