전자소송 하에서의 전자송달

• 영문명: Electronic Service under Electronic Litigation Circumstance
• 발행기관: 원광대학교 법학연구소
• 저자명: 이찬양(Lee Chan Yang)
• 간행물 정보: 『원광법학』제31권 제4호, 61~103쪽, 전체 43쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2015.12.30

영문 초록

Electronic litigation system has recently expanded its reach to the fields of civil suit, patent, family litigation, administrative litigation, civil execution procedures, bankruptcy procedures, non-contentious case litigation, etc., in the wake of enactment of Electronic Litigation Act in 2010. In that way, nearly all judicial proceedings will be pushed forward in the form of electronic litigation if concerned parties agree. Advancement of internet in electronic service sector has both advantages and disadvantages. The drawback is security problem which arises when plaintiff logs onto electronic litigation in whole processes of electronic litigation and electronic service. In addition, there are concerns about hacking attacks in the process where plaintiff submits lawsuit-related documents to electronic registration system of court, including the risk of hacking attacks when documents are stored on electronic registration system and possible security problem when the court forwards documents to concerned parties. As solutions which can eliminate such security risks and defects, we will examine many different capabilities provided by certified electronic address(#Mail) and Germany's de-mail service. Both services provide new services enabling safety enhancement and certification on the internet, and furthermore, allow direct electronic legal exchanges via #Mail or de-mail. If this system is introduced to current electronic litigation system, safe and truly electronic litigation system can be built. Thus, certified electronic address(#mail) functions would need to be incorporated into electronic service system of court to create true electronic service environment in judicial system of Korea. Various problems may arise from this process, including problems such as the risk of hacking attacks threatening information security, forwarding period, collection of residential registration numbers as essential data related to personal information, conditions for selection of certified electronics document providers, accessibility to user information from the angle of manager, practice of handling domestic and overseas electronic services as same services altogether, system security, pseudonymousness, authorized certificate, etc. Those problems can be offset or resolved through the functions of de-mail service or regulations. Along with that, this paper presented the methods for creating true electronic service environment by deriving related improvement measures. If aforesaid true electronic service system of court is built and brought to perfection by resolving related problems, advanced electronic litigation system which is superior worldwide will be built. By making efforts to make this system take root in court, Korea will be able to export related legal systems and license out related technologies, etc., abroad, and thereby seize opportunity to promote the interest of country by introducing its indigenous advanced systems, etc., around the globe.

목차

Ⅰ. 서론

Ⅱ. 전자송달의 의의 및 문제점

Ⅲ. 공인전자주소(#메일)와 데메일시스템

Ⅳ. #메일 도입시 문제점과 개선방안

Ⅴ. 결론

참고문헌

키워드

전자소송 전자송달 #메일(공인전자주소) 데메일시스템 정보보안 해킹 공인전자 문서중계자 서비스제공자 시스템 보안체계 가명사용 공인인증서 스마트폰 전자 소송시대 electronic litigation electronic service #mail(a certified electronic address) de-mail system Information security hacking certified electronics document service provider system security pseudonymousness authorized certificate electronics smartphone era in a lawsuit