미국과의 증거조사공조 현황과 e-discovery 대응방안

The case Aérospatiale showed us how fragile international judicial convention ist, when it was construed by U.S. Supreme Court regarding taking evidence abroad. This resulted in judicial conflicts between USA and the sovereignty-oriented countries, and the american-style discovery system pulled the trigger of the conflict. Discovery has actually brought the plaintiff every evidence,that is very useful for his claims regardless of its situation. E-discovery has opened a new era of such a conflict. As it would be impractical, if not impossible for many corporates to retain all information,paper and electronic, for an indefinite period of time, corporates and their counsel need to understand when the duty to retain information, particularly electronically stored information, is triggered and how far that duty extends. This article is intended to provide korean practitioners with a knowledge base about e-discovery matters that will help them understand the proper practices, the underlying theories,and the existing U.S. precedent on e-discovery matters.