온라인 법원의 비동기적 심리(Asynchronous Hearing)와 그 시사점

The rapid advancement of technology has fundamentally transformed various aspects of human life. In particular, the development of the Internet and artificial intelligence has not only accelerated the pace of change but also broadened its scope in unprecedented ways. These developments have begun to influence dispute resolution mechanisms and procedures as well. Among the emerging innovations, online dispute resolution (ODR), online courts, and, more recently, asynchronous hearings have attracted growing attention. This paper examines the nature and implications of asynchronous hearings within online courts. Asynchronous hearings, while easily harmonized with the procedural framework of online courts, raise questions about their compatibility with traditional procedural principles such as orality, immediacy, and publicity. This study argues that asynchronous hearings do not substantially contravene these fundamental principles. On the contrary, by reducing litigation costs and improving procedural efficiency, they contribute to the enhancement of access to justice. As online courts continue to develop, the scope and significance of asynchronous hearings are expected to expand accordingly. Clarifying the interaction between these new procedural models and existing legal frameworks will be crucial for ensuring that the introduction of such innovations effectively promotes their intended objectives and contributes to the sound evolution of judicial systems.