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ACT ON THE USE, ETC. OF ELECTRONIC DOCUMENTS IN SUMMARY PROCEEDINGS, ETC.

Act No. 13714, Jan. 6, 2016

 Article 1 (Purpose)
The purpose of this Act is to prescribe the basic principles and procedures for the use and administration of electronic documents in summary proceedings, etc. under Chapter III of Part IV of the Criminal Procedure Act so as to contribute to the protection of citizens’ rights by accelerating the informatization of those summary proceedings, etc. and enhancing the swiftness and efficiency thereof. <Amended by Act No. 13714, Jan. 6, 2016>
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 10012, Feb. 4, 2010; Act No. 13714, Jan. 6, 2016>
1. The term "electronic document" means any information in the standardized form of document electronically prepared, transmitted, received, or stored by means of a criminal justice information system;
2. The term "digitalized document" means any document generated by converting paper documents or other documents not prepared in electronic form into the form of electronic files which can be processed by a criminal justice information system;
3. The term "Korea Information System of Criminal Justice Services" means the criminal justice information system defined in subparagraph 4 of Article 2 of the Act on Promotion of the Digitalization of the Criminal Justice Process (hereinafter referred to as "system");
4. The term "criminal justice portal" means the criminal justice portal defined in subparagraph 6 of Article 2 of the Act on Promotion of the Digitalization of the Criminal Justice Process ;
5. The term "digital signature" means any digital signature defined in subparagraph 2 of Article 2 of the Digital Signature Act;
6. The term "certified digital signature" means any certified digital signature defined in subparagraph 3 of Article 2 of the Digital Signature Act;
7. The term "administrative digital signature" means any administrative digital signature defined in subparagraph 9 of Article 2 of the Electronic Government Act;
8. The term "criminal justice agency" means any agency defined in subparagraph 2 of Article 2 of the Act on Promotion of the Digitalization of the Criminal Justice Process;
9. The term "electronic processing procedure" means the procedure that any criminal justice agency processes summary cases (referring to cases processed in accordance with the summary proceedings under Chapter III of Part IV of the Criminal Procedure Act) and non-prosecution cases (referring to cases of which a prosecutor renders a disposition not to institute a prosecution) using electronic or digitalized documents.
 Article 3 (Applicable Cases)
(1) This Act shall apply to any of the following cases in which a claim for summary order may be filed by a prosecutor in accordance with Article 448 of the Criminal Procedure Act with the criminal suspect's consent to the aforementioned electronic processing procedure: <Amended by Act No. 12891, Dec. 30, 2014; Act No. 13714, Jan. 6, 2016>
1. Cases falling under of Article 148-2 (2), subparagraph 1 of Article 152, and subparagraph 2 of Article 154 of the Road Traffic Act;
2. Cases falling under Article 159 of the Road Traffic Act, which are involved in those referred to in subparagraph 1.
(2) This Act shall apply where it is obvious that a prosecution shall not be instituted in any case falling under the main body of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents or Article 4 of the said Act. <Newly Inserted by Act No. 13714, Jan. 6, 2016>
(3) Notwithstanding paragraphs (1) and (2), the electronic processing procedure shall not apply to any of the following cases: <Amended by Act No. 13714, Jan. 6, 2016>
1. Where a case falling under paragraph (1) or (2) and a case not falling under paragraph (1) or (2) are investigated or tried concurrently;
2. Where a criminal suspect withdraws his/her consent referred to in paragraph (1) pursuant to Article 4 (3);
3. Where it is improper to comply with the electronic processing procedure when considering the progress of investigation, including where it is necessary to investigate additional evidence.
(4) In any of the following cases, a prosecutor or a judicial police officer shall file in the records of the case concerned the printed copies of electronic documents and digitalized documents which have been prepared in relation to the case concerned up to that time. In such cases, Article 9 (2) shall apply mutatis mutandis: <Amended by Act No. 13714, Jan. 6, 2016>
1. Where a case falling under paragraph (1) or (2) and a case not falling under paragraph (1) or (2) are investigated concurrently;
2. Where it is improper to comply with the electronic processing procedure, including any of the following cases:
(a) Where it is necessary to investigate additional evidence;
(b) Where an application or request for warrant of confinement, arrest, etc. is filed for the criminal suspect.
 Article 4 (Criminal Suspect’s Consent and Withdrawal)
(1) Consent referred to in Article 3 (1) shall be given in such a way that a criminal suspect concerned prepares and submits written consent in the form of an electronic document after registering himself/herself as a user with the system.
(2) A written consent referred to in paragraph (1) shall specify the electronic means (referring to any electronic mail or cellular phone messaging service) that will be used to receive notification of the fact that a summary order is posted on the criminal justice portal pursuant to Article 8 (2).
(3) A criminal suspect shall, when intending to withdraw his/her consent referred to in Article 3 (1), submit a written withdrawal in the form of a paper document or an electronic document before filing a claim for summary order.
(4) A prosecutor or a judicial police officer shall, upon receipt of a written withdrawal under paragraph (3), file in the records of the case concerned the printed copies of electronic documents and digitalized documents which have been prepared in relation to that case up to that time. In such cases, Article 9 (2) shall apply mutatis mutandis.
(5) In preparing a written consent under paragraph (1), the criminal suspect shall affix his/her digital signature thereto, and the prosecutor or judicial police officer concerned, his/her administrative digital signature thereto; and in preparing a written withdrawal under paragraph (3) in the form of an electronic document, the criminal suspect shall attach his/her certified digital signature thereto.
 Article 5 (Preparation of Electronic Documents)
(1) Prosecutors or judicial police officers shall prepare the following documents in the form of an electronic document when investigating any of the cases referred to in Article 3 (1) or (2): <Amended by Act No. 13714, Jan. 6, 2016>
1. Protocol of examination of a criminal suspect and protocol of statement;
2. Documents on arrest and release;
3. Document stating the circumstance and results of breath tests for drunken driver and the situation of his/her drunk driving;
4. Document stating the results of inquiry into an unlicensed driver concerning driving license and the status of his/her driving;
5. Letter responding to inquiries for criminal history information;
6. Other documents necessary for investigation.
(2) In filing a claim for summary order with regard to any of the cases referred to in Article 3 (1), a prosecutor shall do so in the form of an electronic document through the system.
(3) In rendering a disposition not to institute a prosecution with regard to any of the cases referred to in Article 3 (1), a prosecutor shall do so in the form of an electronic document through the system. <Newly Inserted by Act No. 13714, Jan. 6, 2016>
(4) With regard to a case referred to in Article 3 (2), in rendering a disposition not to institute a prosecution pursuant to the main body of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents or Article 4 of the same Act, a prosecutor shall do so in the form of an electronic document through the system. <Newly Inserted by Act No. 13714, Jan. 6, 2016>
(5) A court shall, upon receipt of a claim for summary order pursuant to paragraph (2), prepare documents on the summary order and litigation in the form of an electronic document.
(6) Any person who prepares electronic documents falling under any of paragraphs (1) through (5) shall affix his/her administrative digital signature thereto and have the person who gives the statement concerned put his/her digital signature thereto. <Amended by Act No. 13714, Jan. 6, 2016>
(7) The administrative digital signature and digital signature required under paragraph (6) shall be deemed the signature, signature and seal, or name and seal prescribed by the Criminal Procedure Act. <Amended by Act No. 13714, Jan. 6, 2016>
(8) With respect to each leaf of the electronic documents prepared under paragraphs (1) through (5), a seal to be stamped across both it and the contiguous leaf shall be substituted by the page number. <Amended by Act No. 13714, Jan. 6, 2016>
 Article 6 (Preparation of Digitalized Documents)
(1) Public officials who belong to criminal justice agencies shall prepare, in the form of a digitalized document, the paper documents submitted for the electronic processing procedure in regard to the cases referred to in Article 3 (1) or (2) and other documents not prepared in electronic form (hereinafter referred to as "documents subject to digitalization"). <Amended by Act No. 13714, Jan. 6, 2016>
(2) Digitalized documents shall be prepared by means of scanners so that they have the same content and form as those of the documents subject to digitalization, and those who prepare such digitalized documents shall affix their administrative digital signatures thereto.
(3) The agencies to which persons who prepare digitalized documents belong shall keep the documents subject to digitalization until the summary orders or judgments concerned become final and conclusive or the prosecutors concerned issue relevant dispositions: Provided, That where the agencies to which persons who prepare digitalized documents belong send documents subject to digitalization to other agencies, the agencies receiving such documents shall keep them. <Amended by Act No. 13714, Jan. 6, 2016>
 Article 7 (Submission of Electronic Documents and Digitalized Documents)
A prosecutor shall, when filing a claim for a summary order pursuant to Article 5 (2), submit to a court the electronic documents prepared pursuant to the said Article and the digitalized documents prepared pursuant to Article 6 as documentary evidence necessary to issue such summary order.
 Article 8 (Electronic Service and Notification of Summary Orders, etc.)
(1) Where a claim for summary order is made pursuant to Article 5 (2), a court shall give the prosecutor and the criminal defendant the electronic service or notification of the documents concerning the summary order and other litigation documents using the system.
(2) In the case of paragraph (1), a court official of Grade IV, a court official of Grade V, a court official of Grade VI, or a court official of Grade VII (hereinafter referred to as the "court official of Grade V, etc.") shall upload the summary order onto the system and then notify the criminal defendant thereof by the electronic means described in his/her written consent.
(3) In the case of paragraph (2), the summary order shall be deemed served when the person entitled to receive such service confirms that order placed on the criminal justice portal.
(4) In the case of paragraph (2), if the person entitled to receive such service fails to confirm the summary order placed on the criminal justice portal, it shall be deemed served on the date when two weeks have passed since the date when notification that the court official of Grade V, etc. was uploaded such summary order pursuant to paragraph (2) was made: Provided, That when the person entitled to receive such service fails to confirm the summary order placed on the criminal justice portal due to a cause not imputable to him/her, he/she may file a claim for the recovery of his/her right to request a formal trial under Articles 345 through 348 of the Criminal Procedure Act which apply mutatis mutandis under Article 458 of the said Act.
(5) Detailed procedures for electronic service and notification using the System shall be prescribed by the Supreme Court Regulations.
 Article 9 (Service of Summary Orders, etc. Using Printed Documents)
(1) A court may, where a claim for summary order is made pursuant to Article 5 (2), serve documents on the summary order and other litigation documents in the form of a printed paper document when it is impossible to give the electronic service due to an error in the system or there is any other cause prescribed by the Supreme Court Regulations.
(2) Documents referred to in paragraph (1) shall be printed through the system after meeting all of the following requirements. In such cases, the documents so printed shall be deemed certified copies of the electronic documents concerned:
1. Date of printing, page number, the total number of pages, and document identification number;
2. Marks to ensure the prevention of reproduction, forgery and alteration.
 Article 10 (Trial under Ordinary Proceedings, etc.)
(1) In conducting a trial in accordance with the ordinary proceedings under Article 450 or 453 of the Criminal Procedure Act, a court shall electronically transmit to the prosecutor concerned the litigation documents and evidentiary documents submitted through the system up to the time, and the prosecutor in receipt of such documents shall print them in the form of a paper document and then submit the documents so printed to the court.
(2) In instituting a prosecution without filing a claim for summary order, a prosecutor shall print the existing electronic documents and digitalized documents concerned in the form of a paper document and then submit the documents so printed to the court.
(3) In filing a claim for summary order or instituting a prosecution for any of the cases referred to in Article 3 (2) without rendering a disposition not to institute a prosecution of such case, a prosecutor shall print the existing electronic documents and digitalized documents concerned in the form of a paper document and then submit the documents so printed to the court. <Newly Inserted by Act No. 13714, Jan. 6, 2016>
(4) Article 9 (2) shall apply mutatis mutandis to the cases falling under paragraphs (1) through (3). <Amended by Act No. 13714, Jan. 6, 2016>
 Article 11 (Direction of Execution Using Electronic Documents, etc.)
(1) A prosecutor shall, upon a summary order under this Act becoming final, direct the execution of the penalty concerned using electronic documents, notwithstanding the main body of Article 461 of the Criminal Procedure Act.
(2) When it is difficult to direct the execution of a penalty by means of electronic documents required under paragraph (1), a prosecutor shall do so by using a printed copy of the summary order prepared in electronic form. In such cases, Article 9 (2) shall apply mutatis mutandis.
 Article 12 (Provisions regarding Delegation)
Except as otherwise provided in this Act, necessary matters regarding the use and management of electronic documents in summary trial proceedings for cases referred to in Article 3 (1) shall be prescribed by the Supreme Court Regulations.
 Article 13 (Relationship to Other Statutes)
If there is no special provision in this Act concerning the electronic processing procedure under this Act, any other statute, including the Criminal Procedure Act, shall apply. <Amended by Act No. 13714, Jan 6, 2016>
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on May 1, 2010.
(2) (Applicability) This Act shall apply with respect to cases for which a claim for summary order is filed on or after the date this Act enters into force.
ADDENDA <Act No. 10012, Feb. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force three months after its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 12891, Dec. 30, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13714, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Electronic Processing Procedure)
The amended provisions concerning electronic processing proceedings in this Act shall begin to apply from the case which is investigated on or after this Act enters into force.