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ACT ON SPECIAL CASES CONCERNING VIDEO TRIALS

Act No. 5004, Dec. 6, 1995

Amended by Act No. 10177, Mar. 24, 2010

 Article 1 (Purpose)
The purpose of this Act is to prescribe matters necessary to hold a remote video trial and special cases on the procedures in remote video trials.
[This Article Wholly Amended by Act No. 10177, Mar. 24, 2010]
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "persons interested in a trial" means persons who participate in the procedure for a trial of the court, such as a judge, the person concerned, a witness, etc.;
2. The term "remote video trial" means a trial for which the persons interested in trial attend a court equipped with a device capable of transmitting and receiving video and audio signals simultaneously in another remote area, where it is impractical for them to personally attend the court due to inconvenience in transportation, etc.
[This Article Wholly Amended by Act No. 10177, Mar. 24, 2010]
 Article 3 (Scope of Application)
A court may hold a remote video trial only on the following cases:
1. A case falling under each subparagraph of Article 34 (1) of the Court Organization Act (this shall only apply where cases falling under subparagraph 3 of the same paragraph is a summary trial);
2. A case falling under Article 61 (1) of the Court Organization Act that arises in the process of a remote video trial;
3. A case falling within the jurisdiction of a court of a Si or a court of a Gun in accordance with other Acts.
[This Article Wholly Amended by Act No. 10177, Mar. 24, 2010]
 Article 4 (Effects of Remote Video Trials)
A remote video trial shall be deemed a trial held with attendance of the persons interested in trial in the same court.
[This Article Wholly Amended by Act No. 10177, Mar. 24, 2010]
 Article 5 (Devices for Remote Video Trials)
A device to hold a remote video trial shall meet the following requirements:
1. Both courts shall be equipped with a device capable of transmitting and receiving video and audio signals so that the persons interested in trial may see and talk to each other;
2. Video and audio signals shall be transmitted simultaneously from both courts;
3. A secure device shall be equipped in order to prevent a person without authority from transmitting or receiving video and audio signals;
4. The device shall meet the requirements prescribed by the Rules of the Supreme Court.
[This Article Wholly Amended by Act No. 10177, Mar. 24, 2010]
 Article 6 (Guarantee, etc. of Right of Defense)
Where a remote video trial is held with attendance of a counsel or attorney-at-law in a court other than a court where the person concerned or a defendant attends, a device that enables a counsel or attorney-at-law to privately converse with the person concerned or a defendant shall be prepared.
[This Article Wholly Amended by Act No. 10177, Mar. 24, 2010]
 Article 7 (Video Recording)
When a remote video trial is held, the entire progress of the trial shall be recorded on videotape.
[This Article Wholly Amended by Act No. 10177, Mar. 24, 2010]
 Article 8 (Enforcement Rules)
Matters necessary for the enforcement of this Act shall be prescribed by the Rules of the Supreme Court of the Republic of Korea.
[This Article Wholly Amended by Act No. 10177, Mar. 24, 2010]
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 10177, Mar. 24, 2010>
This Act shall enter into force on the date of its promulgation.