The purpose of this Act is to provide for basic principles and procedures for the use and management of electronic documents in criminal justice procedures, thereby digitalizing the criminal justice procedures, increasing the speed and transparency of criminal justice procedures, and contributing to protecting the rights and interests of the people.
The terms used in this Act are defined as follows:
| 2. | The term “digitalized document” means an electronic document converted from paper documents or other documents, drawings, photographs, audio or video data, etc. in non-electronic form (hereinafter referred to as “document subject to digitalization”) into electronic form and registered in the computerized information processing system; |
| 8. | The term “judicial electronic signature” means an administrative digital signature used by a judge or a court official of Grade IV, a court official of Grade V, a clerical officer of Grade VI, or a senior court clerk (hereinafter referred to as “court official of Grade V, etc.”) in criminal justice procedures. |
| Article 3 (Scope of Application) |
This Act shall apply to criminal justice procedures under the following statutes:
| 11. | Statutes that apply the statutes listed in subparagraphs 1 through 10 or apply them mutatis mutandis. |
| Article 4 (Relationship to Other Statutes) |
| (1) | This Act shall take precedence over other statutes with respect to the electronic processing of criminal justice procedures. |
| Article 5 (Conducting Criminal Justice Procedures Using Electronic Documents) |
| (1) | Where having obtained the user registration pursuant to Article 7, suspects, defendants, victims, complainants, accusers, defense counsels, and other persons prescribed by Presidential Decree or Supreme Court Regulations may submit a document, drawing, photograph, audio or video data, etc. (hereafter in this Article referred to as “document, etc.”) to the criminal justice agency in electronic form through the computerized information processing system as prescribed by Presidential Decree or Supreme Court Regulations. |
| (3) | An electronic document converted and registered under this Act shall be regarded as the same as the document subject to digitalization. |
| (4) | A document printed out from an electronic document through the computerized information processing system pursuant to this Act shall be regarded as the same as the electronic document. |
| (5) | Where the statutes under the subparagraphs of Article 3 require the issuance, delivery, submission, service, or preservation of a copy of a document, etc., a document printed out from an electronic document through the computerized information processing system shall be regarded as the original or a copy of the document, etc. required under the statutes listed in the subparagraphs of Article 3. |
| Article 6 (Operation of Computerized Information Processing System) |
| (1) | The head of each criminal justice agency shall install and operate a computerized information processing system. |
| (2) | Criminal justice agencies shall cooperate with one another to set the standards for the use and management of electronic documents. |
| (3) | Where applying this Act or operating the computerized information processing system, criminal justice agencies shall endeavor to ensure that people with disabilities, the elderly, etc. can fully exercise their rights in criminal justice procedures. |
| Article 7 (User Registration) |
| (1) | A person who intends to use the computerized information processing system (excluding public officials belonging to criminal justice agencies) shall register as a user as prescribed by Presidential Decree or Supreme Court Regulations. |
| (2) | A person (hereinafter referred to as "registered user") who has completed the user registration under paragraph (1) (hereinafter referred to as "user registration") may withdraw the user registration as prescribed by Presidential Decree or Supreme Court Regulations. |
| (3) | The head of a criminal justice agency may suspend a registered user's use of the computerized information processing system or may cancel the user registration as prescribed by Presidential Decree or Supreme Court Regulations in any of the following cases: |
| 1. | Where the registered user is not recognized as the same as the real user; |
| 2. | Where false information is entered into the computerized information processing system during application for user registration or modification of the user information; |
| 3. | Where disrupting the progress of criminal justice procedures wherein the computerized information processing system is used, such as interfering with other registered users' use of the computerized information processing system or stealing the information of other registered users; |
| 4. | Where causing a failure of the computerized information processing system by intent or gross negligence; |
| 5. | Other cases equivalent to those falling under subparagraphs 1 through 4, as specified by Presidential Decree or Supreme Court Regulations. |
| Article 8 (Electronic Signature) |
| (1) | A person who intends to submit an electronic document to a criminal justice agency shall affix to the electronic document his or her electronic signature (limited to ones whereby the signer's real name can be recognized; hereafter in this paragraph the same shall apply): Provided, That the electronic signature may be omitted in cases specified by Presidential Decree or Supreme Court Regulations, such as where the identity of the submitter is verified while the electronic signature is not available. |
| (2) | Where preparing a judgment, report, etc. in electronic form, a judge or a court official of Grade V, etc. shall affix the judicial electronic signature as prescribed by Supreme Court Regulations. In such cases, if the signature of a person making a statement is required by a statute under the subparagraphs of Article 3, such person shall be required to affix his or her electronic signature. |
| (3) | Where preparing a decision, report, etc. in electronic form, public officials belonging to criminal justice agencies other than courts shall affix an administrative electronic signature as prescribed by Presidential Decree. In such cases, if the signature of a person making a statement is required by a statute under the subparagraphs of Article 3, such person shall be required to affix his or her electronic signature. |
| (4) | Affixing an electronic signature, a judicial electronic signature, or an administrative electronic signature pursuant to paragraphs (1) through (3) shall be regarded as affixing a signature, affixing a signature and a seal, or writing a name and affixing a seal in accordance with the statutes listed in the subparagraphs of Article 3. |
| (5) | Indicating the number of pages on an electronic document submitted or prepared pursuant to paragraphs (1) through (3) shall be regarded as affixing a seal between pages in accordance with the statutes listed in the subparagraphs of Article 3. |
| Article 9 (Reception of Electronic Documents) |
| (1) | Electronic documents are regarded to have been received at the time they are electronically recorded in the computerized information processing system. |
| (2) | Procedures and methods for receiving an electronic document submitted through the computerized information processing system shall be prescribed by Presidential Decree or Supreme Court Regulations. In such cases, technical measures for ensuring that the submitted electronic document remains the same shall be included therein. |
| (3) | Where a registered user who has submitted an electronic document pursuant to Article 5 (1) requests confirmation of whether the received electronic document remains the same, the criminal justice agency shall provide an opportunity to confirm as such, as prescribed by Presidential Decree or Supreme Court Regulations. |
| (4) | Where there is any discrepancy between the contents of the electronic document submitted pursuant to Article 5 (1) and those of the received electronic document, the registered user may request correction thereof from the criminal justice agency, as prescribed by Presidential Decree or Supreme Court Regulations. |
| (5) | Where it is necessary to verify whether the received electronic document has been forged or altered, the criminal justice agency may request the registered user who has submitted the electronic document pursuant to Article 5 (1) to present or submit the original. |
| Article 10 (Preparation of Electronic Documents) |
| (1) | Where preparing documents related to criminal justice affairs, such as judgment papers, trial reports, bills of prosecution, non-prosecution decisions, transfer decisions, and suspect interrogation reports, public officials belonging to criminal justice agencies shall write them in electronic form: Provided, That this shall not apply where there is a reason specified by Presidential Decree or Supreme Court Regulations, falling under any of the following cases: |
| 1. | Where a system failure occurs in the computerized information processing system; |
| 2. | Where it is extremely difficult or inappropriate to prepare documents in electronic form. |
| (2) | Where a suspect interrogation report is prepared in electronic form under the main clause, with the exception of the subparagraphs, of paragraph (1), public officials belonging to criminal justice agencies shall ensure that the procedures and methods for preparing a suspect interrogation report under the Criminal Procedure Act are implemented electronically, as prescribed by Presidential Decree. |
| Article 11 (Preparation of Documents Subject to Digitalization) |
| (1) | Public officials belonging to criminal justice agencies shall convert documents subject to digitalization into electronic form and register them in the computerized information processing system: Provided, That in cases where it is extremely difficult or inappropriate to convert a document subject to digitalization into electronic form as specified by Presidential Decree or Supreme Court Regulations, the conversion or registration may be omitted. |
| (2) | Procedures and methods for converting a document subject to digitalization into electronic form and registering it in the computerized information processing system shall be prescribed by Presidential Decree or Supreme Court Regulations. In such cases, technical measures for ensuring that the document subject to digitalization remains the same shall be included therein. |
| Article 12 (Storage of Documents Subject to Digitalization) |
| (1) | Criminal justice agencies shall keep the documents subject to digitalization that have been converted and registered pursuant to Article 11, until the end of the period prescribed by Presidential Decree or Supreme Court Regulations. |
| (2) | Notwithstanding paragraph (1), criminal justice agencies may return a document subject to digitalization at the request of the person who submitted the document. |
| (3) | Where a document subject to digitalization is returned to a person who has submitted it pursuant to paragraph (2), the criminal justice agency shall provide an opportunity to confirm if the digitalized document and the document subject to digitalization are the same and shall receive a written confirmation, as prescribed by Presidential Decree or Supreme Court Regulations. |
| Article 13 (Distribution of Electronic Documents) |
| (1) | Where sending to other criminal justice agencies electronic documents prepared in relation to criminal justice procedures, criminal justice agencies shall transmit them through the computerized information processing system. |
| (2) | Where transferring or forwarding a case to institutions other than criminal justice agencies, criminal justice agencies shall print out electronic documents through the computerized information processing system and send them: Provided, That where transferring or forwarding to institutions specified by Presidential Decree or Supreme Court Regulations which have a system for transmitting and receiving electronic documents, electronic documents may be sent electronically. |
| (3) | Procedures and methods for printing out an electronic document pursuant to the main clause of paragraph (2) shall be prescribed by Presidential Decree or Supreme Court Regulations. In such cases, technical measures for ensuring that the electronic document remains the same shall be included therein. |
| Article 14 (Electronic Service or Notification) |
| (1) | Criminal justice agencies may serve or notify electronically through the computerized information processing system, if those to be served or notified are any of the following: |
| 1. | Criminal justice agencies; |
| 2. | Public officials belonging to criminal justice agencies; |
| 3. | Registered users specified by Presidential Decree or Supreme Court Regulations who have consented to the electronic service or notification. |
| (2) | Service and notification under paragraph (1) shall be conducted by a criminal justice agency registering the electronic document in the computerized information processing system and electronically notifying those subject to the service or notification of the fact. |
| (3) | Where service or notification is made pursuant to paragraph (2), such service and notification shall be regarded accomplished at the time a person subject to the service or notification confirms the electronic document registered in the computerized information processing system in accordance with the procedures and methods prescribed by Presidential Decree or Supreme Court Regulations. |
| (4) | Notwithstanding paragraph (3), if a person subject to the service or notification fails to confirm the electronic document registered in the computerized information processing system, the service and notification shall be regarded accomplished on the day when 14 days have elapsed from the date when the registration is electronically notified under paragraph (2): Provided, That in cases where it is necessary to protect the rights of a suspect, a defendant, etc. in the criminal judicial procedures as specified by Presidential Decree or Supreme Court Regulations, the notification shall not be regarded accomplished. |
| (5) | The period during which a person subject to the service or notification cannot check the electronic document due to reasons specified by Presidential Decree or Supreme Court Regulations, such as a failure of the computerized information processing system, shall not be included in the period in the main clause of paragraph (4). In such cases, the method of calculating the period during which the electronic document cannot be checked shall be prescribed by Presidential Decree or Supreme Court Regulations. |
| Article 15 (Service in Writing with Printed Electronic Documents) |
| 1. | Where the subparagraphs of Article 14 (1) are not applicable to a person subject to the service; |
| 3. | Where there is a reason specified by Presidential Decree or Supreme Court Regulations, such as a failure of the computerized information processing system. |
| (2) | Procedures and methods for printing out an electronic document pursuant to paragraph (1) shall be prescribed by Presidential Decree or Supreme Court Regulations. In such cases, technical measures for ensuring that the electronic document remains the same shall be included therein. |
| Article 16 (Viewing and Copying Electronic Documents) |
| (1) | Notwithstanding Article 35, Article 55, Article 59-2, Article 59-3, Article 174, Article 185, Article 200-4, the proviso of Article 262-2, Article 266-3, Article 266-4, Article 266-11, and Article 294-4 of the Criminal Procedure Act, viewing, duplicating, or copying electronic documents created in accordance with this Act may be done electronically by viewing, copying, or transmitting through the Internet or the computerized information processing system. |
| (2) | Notwithstanding paragraph (1), if a person other than a registered user applies for viewing or copying an electronic document, it may be done by issuing a document printed out through the computerized information processing system from the electronic document. |
| (3) | Procedures and methods for viewing, copying, or transmitting an electronic document pursuant to paragraph (1) shall be prescribed by Presidential Decree or Supreme Court Regulations. In such cases, technical measures for ensuring that the electronic document remains the same shall be included therein. |
| (4) | Defendants (including those who were defendants) or the defense counsels (including those who were the defense counsels) shall not transmit, hand over (referring to printing out an electronic document and handing it over) or present (including printing out and presenting an electronic document and providing it through a telecommunications facility) electronic documents (including the list thereof) governed by Article 266-3 (1) of the Criminal Procedure Act which have been viewed, copied, or transmitted pursuant to paragraph (1), through the Internet or the computerized information processing system to another person for purposes other than the purpose of preparing for the relevant case or related cases. |
| Article 17 (Special Cases concerning Executing Warrants) |
| (1) | Where the following warrants, warrants of confinement for expert opinion, permits, written permissions, written requests, etc. (hereinafter referred to as “warrant, etc.”) are issued in electronic form, the prosecutor or judicial police officer may present or transmit the electronic document as a way of executing the warrant, etc., as prescribed by Supreme Court Regulations: |
| (2) | Where it is extremely difficult or inappropriate to execute a warrant, etc. in electronic form pursuant to paragraph (1), it is permitted to execute a warrant, etc. in paper form after printing out the warrant, etc. issued as an electronic document through the computerized information processing system. |
| (3) | Procedures and methods for printing a warrant, etc. issued as an electronic document through the computerized information processing system pursuant to paragraph (2) shall be prescribed by Supreme Court Regulations. In such cases, technical measures shall be included therein in order to ensure that the electronic document remains the same and to prevent printing multiple copies contrary to the intention of the judge who issued it. |
| Article 18 (Special Cases concerning Investigation of Evidence) |
| 1. | Investigation of evidence for characters, other symbols, drawings, photographs, etc.: Viewing the relevant electronic document through a monitor, screen, etc. |
| 2. | Investigation of evidence for audio or video information: Listening to the audio or playing the video of the relevant electronic document. |
| Article 19 (Special Cases concerning Methods of Directing the Execution of Judgment) |
| (1) | Where a written judgment or a report describing a judgment is created in electronic form, the prosecutor shall direct the execution of the judgment with electronic documents, notwithstanding the main clause of Article 461 of the Criminal Procedure Act. |
| (2) | Notwithstanding paragraph (1), if it is difficult to direct the execution of a judgment with electronic documents, the execution of the judgment shall be directed with paper documents printed out through the computerized information processing system from the written judgment or the report describing the judgment created in electronic form. |
| (3) | Procedures and methods for printing out an electronic document pursuant to paragraph (2) shall be prescribed by Presidential Decree or Supreme Court Regulations. In such cases, technical measures for ensuring that the electronic document remains the same shall be included therein. |
| Article 20 (Destruction of Electronic Documents) |
| (1) | Electronic documents created through the computerized information processing system shall be destroyed at the time specified in the following: |
| 1. | Cases for which a judgment to impose a sentence is finalized: At the time the statute of limitations of the sentence is completed: Provided, That in cases of a sentence of misdemeanor imprisonment or a minor fine, it shall be three years from the date of the final judgment; |
| 2. | Cases for which a judgment of acquittal, acquittal of prosecution, exemption from punishment, dismissal of prosecution, or suspension of sentencing is finalized: At the time the statute of limitations of prosecution is completed; |
| 3. | Cases for which non-prosecution disposition is made, or cases for which non-transfer decision is rendered pursuant to subparagraph 2 of Article 245-5 of the Criminal Procedure Act: At the time the statute of limitations of prosecution is completed. |
| (2) | Notwithstanding paragraph (1), in cases specified by Presidential Decree or Supreme Court Regulations such as serious domestic and international cases or cases requiring investigation into accomplices, electronic documents may be permanently stored or the time for destroying them under paragraph (1) may be postponed as prescribed by Presidential Decree or Supreme Court Regulations. |
| Article 21 (Delegation Provisions) |
Matters delegated by this Act to Presidential Decree or Supreme Court Regulations and matters other than those stipulated in this Act which are necessary for the use and management of electronic documents and operation of the computerized information processing system, etc. in criminal justice procedures shall be prescribed by Presidential Decree in cases of criminal justice affairs of criminal justice agencies other than courts, and by Supreme Court Regulations in cases of criminal justice affairs of courts.
| Article 22 (Penalty Provisions) |
A person who transmits, hands over, or presents an electronic document to another person in violation of Article 16 (4) shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won.
ADDENDA <Act No. 18485, Oct. 19, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force three years after the date of its promulgation: Provided, That the timing of application may be adjusted by Presidential Decree in cases of criminal justice procedures of criminal justice agencies other than courts, and by Supreme Court Rules in cases of criminal justice procedures of courts, within the limit of five years from the date of promulgation.
Article 2 (Repeal of Other Statutes)
Article 3 (General Applicability)
This Act shall apply from the case where an investigation commences after this Act enters into force.
| (2) | As for the cases for which the investigation initiated before the enforcement of this Act is in progress at the time this Act enters into force, procedures conducted prior to the enforcement of this Act pursuant to the Act on the Use of Electronic Documents in Summary Proceedings, which is repealed under Article 2 of this Addenda, shall be regarded as procedures conducted under this Act. |