민사소송에서 외국 거주 증인의 영상증언에 관한 검토

The amendment of Civil Procedure Act that enables video testimony, alongside advancements in technology that facilitate remote examination of witnesses in foreign countries, has raised questions on whether Korean courts have the authority to examine foreign witnesses through video-link and how this practice can be harmonized with the existing system of international judicial cooperation. This article first examines the methods of video testimony by foreign witnesses that can be legally implemented under current laws and international conventions or treaties to which Korea is a party, including examination by consuls, by the letter of request to foreign central authorities, and by the presiding court, and seeks possible interpretations under the current normative framework that allows direct video examination of a foreign witness by the presiding court to the maximum extent possible while respecting comity. It further points out the limitations in the national laws and international conventions or treaties regarding video testimony, as well as the confusion prevalent in current practice, and examines ways to improve international legal cooperation, including the revision of the Civil Procedure Act and the International Civil Legal Assistance Act to allow video testimony of foreign witnesses, the withdrawal of the reservation to Article 17 of the Hague Evidence Convention and the declaration that video testimony of foreign witnesses is allowed under certain conditions, and the revision of bilateral treaties with countries with high demand for legal cooperation.