한국 형사절차의 IT화 현황과 개선 방안

The digitalization of criminal procedures in South Korea aims to innovate the criminal justice system in response to the demands of the digital era. While electronic civil litigation has successfully established itself since the enactment of “Act on the Use of Electronic Documents in Civil Litigation” in 2010, the electronic criminal procedure has been limited to certain cases due to technical and institutional constraints. To address this, “Act on the Use of Electronic Document in Criminal Justice Procedures” was enacted in 2021 and took effect in October 2024. The key aspects of digitalization include processing cases using electronic documents, enabling defendants and their attorneys to access and copy case records anytime, anywhere, and enhancing the rights of litigants and stakeholders. This aims to improve the speed and transparency of criminal procedures, strengthen the rights of defendants and victims, and enhance public accessibility to the justice system. Additionally, the Korea Information System of Criminal Justice Services (KICS) and the national criminal justice portal will facilitate information sharing and application services. However, legal and practical challenges exist in this transition. Conflicts with existing provisions of the Criminal Procedure Act are anticipated, and concerns about data breaches and privacy risks in the distribution of sensitive case information have been raised. The electronic warrant system, a major innovation in searches and seizures, requires careful implementation to ensure stability and security. Proper standards for the storage and disposal of electronic records also need to be established. The digitalization of criminal procedures represents a significant milestone in modernizing South Korea's justice system, enhancing efficiency and trust. However, its success will depend on systematic legal reforms, strengthened security measures, and increased public awareness.