S-Space College of Law/Law School (법과대학/대학원) The Law Research Institute (법학연구소) Journal of Korean Law Journal of Korean Law Volume 16 Number 1/2 (2016/2017)
Measures to Realize Sustainable and Efficient Justice from the Perspective of Information and Communications Technology Focusing on the Korean Court
- Won, Hoshin
- Issue Date
- School of Law, Seoul National University
- Journal of Korean Law, Vol.16 No.1, pp. 67-91
- sustainable development; judicial informatization; e-litigation; E-court; next generation; access to justice; artificial intelligence
- The United Nations 2030 Agenda for Sustainable Development with 17 goals calls for a renewed global partnership to foster transformative changes applicable to all countries. Goal 16, the provision of justice for all, can be the key linkage with law and jurisprudence. The Korean Courts share the idea of justice for all with the United Nations. The Korean Judiciary paid continuous efforts by means of Information and Communications Technology (ICT) which could be evaluated as an implementation of the Goal 16 as well as a proposal of “some ideas and measures to realize a sustainable and efficient justice” for the future Judiciary. The judicial informatization of Korea was introduced into the court system from the late 1970s onwards. The Korean Judiciary also implemented the Electronic Litigation system (E-Litigation) in 2010. The e-litigation systems are evaluated as the most transformative method for cultivating efficient and sustainable justice, both for judges and the public. Despite these favorable ICT circumstances, we were also confronted with many obstacles such as financial burdens, technology and security as well as the digital divide. The Supreme Court of Korea has begun a new project, the next generation of judicial ICT systems, to cope with these obstacles. This article addresses some proposals for measures to realize sustainable and efficient justice for the judicial informatization of the Korean Courts at its preliminary stage. The first step will be the Business Process Reengineering and Information Strategy Planning (BPR & ISP) to reduce the gap between the court system and the people’s expectations. Access to legal information, both online and offline, can become a strong and transformative enabler for the achievement of sustainable and efficient justice. Legal empowerment through free access to law and court cases can help fight discrimination and safeguard the rights of all people. Court information must be much more accessible to public to guarantee the sustainability of the court system and the faith of the judiciary. The artificial intelligence device could be used in the legal realm as an Alpha-Judge to increase efficiency. However, the artificial intelligence cannot serve as a substitute for the human mind or feelings of justice. The ubiquitous access will benefit the welfare of court workers. We also have to bear in mind that the importance of security and data protection. ICT has to bridge these two concepts: security and safety. Lastly, although a treasure trove of information is available to us, access to information is not always guaranteed to everybody. It is the judiciary’s role and responsibility to embrace those who have been alienated from society. ICT will become more prevalent by soliciting fancy and efficient methods. Technology is an effective tool to facilitate our advancement, but its use cannot be the final goal we are striving for. We must focus on the core values and purposes of the judicial service. The justice system is human. I am sure we can continuously seek future advancements, while reminding ourselves that the best way to predict the future is to create it.