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Private International Law Issues Related to Electronic Litigation

  • DONG-A LAW REVIEW
  • 2011, (51), pp.329-368
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Gyooho Lee 1

1중앙대학교

Accredited

ABSTRACT

The scope of electronic litigation system in Korea did, do, and will expand gradually on basis of a domestic law. As a corollary, the electronic litigation system will be introduced comprehensively except for the ordinary criminal procedure until 2013. This Article explores the legal issues raised in terms of international electronic litigation. The website for the electronic litigation opened on the homepage of the Korean Supreme Court is not easy for a person or an entity who resides in a foreign country to have access to it because it is administered in Korean and public certification is necessary for him/her to log in it. However, the international electronic litigation is likely to take place when it is represented by an attorney. In this regard, the Article discusses international jurisdiction issues and then stresses that the general principles of international jurisdiction hold true to international electronic litigation. Hence, there are no special rules applicable to only international electronic litigation in terms of choice of court agreement and international jurisdiction by appearance. Next, the Article delves into how electronic service is treated in international electronic litigation. Electronic service is not allowed as far as international electronic litigation is concerned. Finally, the Article deals with recognition and enforcement of a foreign judgment in this regard.

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