문서제출의무의 범위에 관한 최근 대법원 판례의 고찰

Recently, as there has been strong arguments for the introduction of the Korean Discovery system, interest in the Order to Submit Documents System is also increasing significantly. Since the revision of the Civil Procedure Act in 2002, regulations on the obligation to submit documents has been maintained. It is necessary to simplify and amend the entire Article 344 to stipulate general submission obligations in principle and to list exceptions. In addition, the reasons for exceptions to the obligation to submit should be more strictly defined. I reviewed the Supreme Court precedents in the last 10 years regarding the obligation to submit documents, but there were not many. In practice, I think it is showing a somewhat passive attitude toward the operation of the document submission order system. However, the precedent that set out specific details on self exclusiveness documents and confidentiality (2014Ma2239 decision), the precedent that admitted the absolute obligation to submit cited documents (2015Moo423 decision), and the Supreme Court's en banc decision that allowed the order to submit documents on communication fact confirmation data under the Communications Secret Protection Act (2018S34 decision) are very meaningful precedents. I look forward to the effective operation of the Document Submission Order System by actively improving legislation and breaking away from the passive system operation attitude.