Series Index
Part 1 | Attorney Hong Seung-kwon: “AI Arrives in the Legal Profession”
Part 2 | How Should Lawyers Use AI?
Part 3 | Dividing Roles Between AI and Lawyers
Part 4 | AI Legal Advice Isn’t Enough—Here’s Why Lawyers Still Matter
Part 5 | Attorney Hong Seung-kwon: Korea’s AI Law—KRW 30 Million Fine Threshold
Part 6 | Criminal E-Litigation Begins, but Full Digitalization of Investigation Records Remains the Key
By Hong Seung-kwon
Principal Attorney, PAN Law Firm (skh@law-pan.com)
Have you ever heard of electronic litigation? It is a system that allows complaints, answers, and various court filings to be submitted online without physically visiting the courthouse. As a practicing attorney, I continue to appreciate the convenience it offers. There is no longer a need to wait at the court’s civil service desk.
Documents can be filed from the office at any time, without concern for transportation costs or travel time. What began with patent litigation has expanded to civil, family, and administrative cases. There are still limited exceptions. Certain procedures, such as applications for a writ of succession execution, remain paper-based.
In most situations, however, unless one must physically appear in court for hearings or examinations, there is little reason to visit the courthouse. What about criminal cases? In October of last year, the criminal e-litigation system was launched. Although somewhat delayed, it was welcome news. Still, the reaction remains mixed—half optimism, half frustration.
Criminal proceedings differ fundamentally from civil and other cases in that they are preceded by an investigative stage. During investigations conducted by the police and prosecution, vast amounts of evidence are collected, and numerous statements are recorded in transcript form. For the criminal e-litigation system to take root, the materials generated during this investigative phase—namely, the entire body of investigation records and transcripts—must be fully digitized.
To facilitate this transition, an online platform known as the Criminal Justice Portal has been established. Upon accessing the site, users can review case progress, submit documents, and file civil petitions through various menu options. However, these functions cannot yet be fully utilized.
For example, when an attorney is appointed as counsel for a suspect, the first required step is submitting a notice of appointment. In many cases, counsel must also submit written opinions to investigative authorities. Yet even these basic documents cannot currently be filed directly through the portal. They must still be submitted by mail, fax, or in person.
An additional irony underscores the system’s limitations. Documents mailed by counsel are often scanned by the receiving investigator and then uploaded into the system. In other words, digitalization ultimately depends on manual processing by individual officers.
Accessing and copying case records remains even more cumbersome. When counsel needs to review investigative records, online access through the portal is not yet available. The only option is to visit the investigative agency in person or obtain physical copies. Even the request to schedule such a visit cannot be submitted through the portal; instead, it must be sent separately by fax or mail.
Admittedly, these shortcomings may reflect a transitional phase. During a recent participation in an investigation at a local police station, I observed a notable development. While not universal, many stations have begun using tablets to collect electronic signatures from suspects after drafting statements. Once signed, the transcript is automatically converted into a PDF file and uploaded to the system. The efficiency resembles that of financial institutions or insurance companies.
Considering such developments, it seems reasonable to expect that the issues described above will gradually be resolved. The process for submitting documents and receiving case records should evolve in the same direction. The days of visiting the post office simply to submit a notice of appointment, or sending a fax to request access to records and waiting days for a response, may soon become relics of the past.
When the criminal e-litigation system is fully established, its benefits will extend to everyone involved in the criminal justice process. As an attorney and as a user of the system, I look forward to that day.
