우리 민사재판의 미래에 관한 소고

• 발행기관: 한국민사소송법학회
• 저자명: 전휴재
• 간행물 정보: 『민사소송』제27권 제1호, 79~148쪽, 전체 70쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2023.02.28

영문 초록

Discovery, online litigation, and artificial intelligence are important challenges that can fundamentally change our civil litigation in the future. Discovery needs to be introduced in terms of providing the parties with a means of collecting evidence for the discovery of substantive truth, which must be supplemented in our civil proceedings. However, I suggested that it is reasonable to limit the scope of introduction to appropriate and reasonable measures in consideration of the fact that our legislation does not have a jury system unlike the United States or the expected cost explosion, and that it is necessary to return as a so-called new model to implement preparatory proceedings for pleadings. In addition to electronic lawsuits and video trials already being successfully implemented, ODR, a simple online dispute resolution procedure, should be applied to micro trials to implement online procedures consisting of three pillars of electronic litigation-ODR-video trials. In addition, the possibility of introducing asynchronous hearing in international arbitration or some foreign courts was examined. Artificial intelligence seems to be in the distant future in light of the current technology level, but in light of the rapid development of digital technology, the issue of the emergence of artificial intelligence judges at some point was reviewed in terms of technological and normative substitution. The reason for the existence of civil litigation lies in dispute resolution, so this should be the central value of all procedural laws and systems. Thus, faster, more efficient, and less hostile dispute resolution mechanisms will have to be devised over time. Every attempt has its gain and its loss. It is time for rational and flexible thinking to minimize risk and maximize benefits, so that traditional procedural theories and overwhelming methodological innovations can be exquisitely blended to bring about the best results for dispute resolution. In response to the penetration of new systems and technologies, it is time to draw with a clear and correct eye what civil lawsuits we hope for.

목차

Ⅰ. 들어가며

Ⅱ. 디스커버리의 도입

Ⅲ. 온라인 재판의 변혁

Ⅳ. 사법 인공지능 시대의 도래

Ⅴ. 마치며

참고문헌

키워드

디스커버리 증언녹취 전자소송 영상재판 ODR 온라인 법원 비동기적 심문 인공지능 법관 discovery deposition electronic litigation video trial online dispute resolution online court asynchronous hearing artificial intelligence judge