민사전자소송의 성과와 전망

• 발행기관: 한국민사소송법학회
• 저자명: 전휴재
• 간행물 정보: 『민사소송』제25권 제3호, 1~62쪽, 전체 62쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2021.10.31

영문 초록

Ten years have passed since the commencement of the electronic lawsuit on the merits of civil affairs on May 2, 2011. Over the past decade, electronic litigation has dramatically changed the pattern of Korean civil litigation. Electronic litigation has strengthened the people s access to judicial services, changed trial procedures quickly and efficiently, and enhanced transparency by promoting e-filing of records, e-case management, and e-courtroom. When the next-generation electronic litigation system is established in 2024, it is predicted that a very innovative and user-friendly system will emerge. Unfortunately, however, it is difficult to find that aspect in terms of the rules of electronic litigation. In order to achieve the goal in a short period of time, the special law urgently created with only 16 articles remains the same, and accordingly, the Civil Procedure Act designed for traditional paper litigation is losing its normative power over the reality of litigation. The time has come to revise the Civil Procedure Act in a direction consistent with electronic litigation, just as new alcohol should be put in a new unit. Before it is too late, the Civil Procedure Act should be revised to default on electronic litigation and the norms should be redesigned to suit the new ICT environment. It is necessary to lay the foundation for actively utilizing virtual trials, which suddenly became a reality due to the COVID-19 Pandemic, and to expedite trials and promote the economy by resolving small cases online in line with the non-face-to-face contact era. In addition, it is time to calmly refine the principles of the use of artificial intelligence based on social consensus to prepare for the storm of artificial intelligence in the future.

목차

Ⅰ. 들어가며

Ⅱ. 전자소송을 중심으로 한 민사소송법 체계의 변혁

Ⅲ. 전자문서 및 전자증거 관련 법령의 통일적 규율

Ⅳ. 전자소송 의무이용자의 범위 확대

Ⅴ. 전자소송에 기반한 fast-track의 도입

Ⅵ. 원격영상재판의 활성화

Ⅶ. 온라인 분쟁해결(ODR) 제도의 도입

Ⅷ. 인공지능의 상용화에 대한 대비

Ⅸ. 마치며

키워드

전자소송 전자증거 전자문서 전자소송 의무이용자 신속절차 가상재판 온라인 분쟁해결 인공지능 electronic litigation electronic evidence electronic document user obligated to file an electronic lawsuit fast track virtual trial online dispute resolution ODR artificial intelligence