개정 세도나 캐나다 원칙에 관한 소고

Last February 1, 2015, the Sedona Canada Principles Addressing Electronic Discovery, Second Edition has been published. There was no change in the number of the principles but there was a change in the contents and comments of the principles. The Sedona Canada Principles(First Edition) has already been recognized for its value in practice. Revised principles reflected the real changes are worth to study in that it indicates a recent discussion status and it could be a basis for discussion about introduce of the discovery in our legal system. This article reviewed the meaning of the Sedona Canada Principles, the differences of existing principles and revised principles, and the contents of the change. Generalization of the principles has been tried and the change was made primarily in the comments of the principles. And specific changes in the revised principles are as follows. First, proportionality and cooperation was highlighted. Second, the emergence of new types of electronically stored information and techniques and countermeasures have been added accordingly. Third, electronically stored information and general document was to treat uniformly in some discovery process. Forth, the necessity and importance of information governance was emphasized. Fifth, some considerations on the reasonable accessibility and cost burden added. Sixth, the information on the preparation for the exposure of the material which can be protected was added. Seventh, the change was made considering the cross-border case.* Assistant Professor, Duksung Women’s University.