Act On The Use Of Electronic Documents In Demand Procedures


Published: 2010-02-04

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 Article 1 (Purpose)   print
The purpose of this Act is to contribute to extending citizens' rights through the promotion of informatization of judicial proceedings and the enhancement of swiftness and transparency thereof by prescribing fundamental principles and procedures concerning the use and management of electronic documents in demand procedures prescribed in Part V of the Civil Procedure Act.
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 Article 2 (Definitions)   print
The definitions of the terms used in this Act shall be as follows:
1. The term "electronic document" means information transmitted, received or stored after being prepared in electronic form using equipment having data processing capability, such as a computer, etc.;
2. The term "electronic data processing structure" means electronic equipment or a system having electronic processing capability used to prepare, submit or serve electronic documents necessary for demand procedures, which is designated by the Minister of the National Court Administration;
3. The term "digital signature" means a certified digital signature prescribed in subparagraph 3 of Article 2 of the Digital Signature Act.
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 Article 3 (Performance of Demand Procedures by Electronic Documents)   print
(1) A person who intends to apply for a payment order under Article 462 of the Civil Procedure Act may submit documents to the court after preparing them in electronic form using an electronic data processing structure, as prescribed by Supreme Court Rules.
(2) Electronic documents submitted under paragraph (1) shall have the same effect as the documents, as prescribed by the Civil Procedure Act.
(3) Matters necessary for the kinds and methods of submitting documents that can be submitted in electronic form under paragraph (1) shall be prescribed by Supreme Court Rules.
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 Article 4 (User Registration)   print
(1) A person who intends to apply for a payment order using an electronic data processing structure shall finish user registration, as prescribed by Supreme Court Rules.
(2) A person who has finished user registration under paragraph (1) (hereinafter referred to as "applicant") may withdraw user registration according to procedures and methods prescribed by Supreme Court Rules.
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 Article 5 (Receipt of Electronic Documents)   print
(1) Any electronic document submitted using an electronic data processing structure shall be deemed received at the time it is electronically recorded on the electronic data processing structure.
(2) Where an electronic document has been received under paragraph (1), a court shall immediately notify the applicant of such fact of receipt electronically, as prescribed by Supreme Court Rules.
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 Article 6 (Converting Litigation Records into Electronic Documents)   print
A court may prepare documents, such as payment orders, etc. in electronic form in the process of using an electronic data processing structure.
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 Article 7 (Digital Signatures)   print
(1) An applicant shall affix a digital signature on the electronic document that he/she submits to the court: Provided, That in cases where Supreme Court Rules prescribe differently, this shall not apply.
(2) Where judges, judicial assistants, or court clerical officials of Grade IV,V,VI or VII (hereinafter referred to as "court clerical official of Grade V, etc.") prepare documents, such as payment orders, etc. in electronic form, they shall affix their administrative digital signature under subparagraph 9 of Article 2 of the Electronic Government Act, as prescribed by Supreme Court Rules. <Amended by Act No. 10012, Feb. 4, 2010>
(3) A digital signature under paragraph (1) and an administrative digital signature under paragraph (2) shall be deemed a signature, signature and seal, or name and seal prescribed by the Civil Procedure Act.
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 Article 8 (Electronic Service)   print
(1) Court clerical officials of Grade V, etc. may serve a document, such as a payment order, etc. on an applicant using an electronic data processing structure: Provided, That this shall not apply where the applicant does not give consent thereto.
(2) Court clerical official of Grade V, etc. shall record a document, such as a payment order, etc. to be served on the applicant by inputting it on an electronic data processing structure and electronically notify the applicant of such fact of recording.
(3) In cases under paragraph (2), a document shall be deemed served when the person, on whom such document is to be served, has read such document: Provided, That in cases where he/she fails to read such document within two weeks from the date on which the fact of recording is notified, such document shall be deemed served two weeks after the date on which the fact of recording is notified.
(4) Notwithstanding paragraph (1), where electronic service is impossible due to a failure of the electronic data processing structure or other grounds prescribed by Supreme Court Rules, such document may be served in accordance with the Civil Procedure Act.
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 Article 9 (Payment of Litigation Expenses, etc.)   print
(1) A court may have an applicant pay expenses incurred for litigation activities, such as revenue stamp fees, etc., and fees for the use of an electronic data processing structure in accordance with methods prescribed by Supreme Court Rules.
(2) The scope and amount of fees for the use of an electronic data processing structure shall be prescribed by Supreme Court Rules.
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 Article 10 (Operation of Electronic Data Processing Structures)   print
The Minister of the National Court Administration shall establish and operate an electronic data processing structure necessary for using and managing electronic documents in demand procedures.
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 Article 11 (Provisions on Delegation)   print
In addition to matters prescribed by this Act, those necessary for the use and management of electronic documents in demand procedures and for the operation of an electronic data processing structure shall be prescribed by Supreme Court Rules.
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 10012, Feb. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.