With its advanced information and telecommunication technologies, Korea already established electronic government system (herein after referred to as e-government system) and the general public well utilize a significant range of information and public services electronically. Electronic public services have expanded into the judicial system. The judiciary launched the electronic case filing system, which enables electronic submission, registration, service notification and access to court s, for patent cases in 2010 and for civil cases in 2011. Korea is recognized for its well established and streamlined electronic case filing system. Meanwhile public services and judicial proceedings have been digitalized at a rapid pace, the pace of digitization in criminal proceedings is relatively slow. Against this backdrop, for the purpose of increasing the efficiency of the criminal justice procedures, the Act on the Promotion of the Digitalization of the Criminal Justice Process was enacted in 2010 and then ‘Korea Information system of Criminal-justice Services (KICS)’ was set up. In addition, users are able to access to services regarding criminal justice process through the Criminal Justice Portal.

  Also, under the newly enacted Act on The Use of Electronic s in Summary Proceedings, electronic filing is partially permitted for specific offense categories (minor offenses) which could be tried by summary procedures including drunken driving or driving without a license. Nevertheless, in the majority of criminal cases, investigative and trial records are created in paper form and stored in physical space. Paper s pose notable disadvantages than electronic ones, not only for law enforcement agencies and the court but also for the users of these s. Specifically, in terms of cost efficiency, the increased resources are required for the preparation, distribution, and storage of paper s, not to mention the inherent costs associated with paper production. Users also spend more time and money to search and peruse the s that they need.

  To solve these problems, the Act on the Use of Electronic s in Criminal Justice Procedures was enacted in 2021 and is scheduled to come into effect in October 2024. With enactment of the act, electronic s can be extensively used in criminal justice procedures, so it is possible to store, read and copy records electronically. Importantly, as the act incorporates provisions on so-called ‘electronic warrant system’ which had been under discussion for a long time, controversies over e-warrant have been settled. The use of electronic s in criminal procedures is expected to promote the speed, efficiency, and transparency of criminal justice procedures. Moreover, digitalization of criminal proceedings would be also beneficial for the defendant or suspects as they are able to more easily access to s and records necessary to exercise their right to defend in court.

  However, what should be noted is the legislative purpose of the act on the use of electronic in criminal justice procedures is not a complete transition to remote or contactless criminal justice procedures. Consequently, many experts contend that the act simply substitutes paper s with electronic ones, suggesting that there won't be substantial alterations in the current criminal justice procedures. While their argument is acceptable, it is anticipated that there will indeed be noteworthy changes in criminal justice procedures in that electronic s are used at every stage, from investigation to trial and record-keeping. Modification, copying, preservation, and downloading of electronic s is much easier than paper s or records. Moreover, sending paper s and records to individuals in remote locations involves a multi-step process while electronic files can be sent at once. Electronic s may bring many changes and simplicity. In other words, many changes are expected compared to the time when s in paper form are sent via mail.

  Indeed, using electronic s comes with both advantages and disadvantages. First, highlighting the advantages, not only do criminal justice agencies benefit, but individuals involved—such as suspects, defendants, their attorneys, and victims—could conveniently peruse, copy, or receive necessary s in electronic format without the need for in-person visits. This enhanced accessibility empowers them to exercise their right of self-defense more effectively. With the implementation of the electronic warrant system, as previously discussed, the entire process, from warrant application to issuance and execution, stands to be expedited. Moreover, warrants could be executed by transmitting e-warrants, under Article 17, Section 1 of the act.

  Meanwhile, it is needed to look into disadvantages of electronic s. By their inherent nature, electronic s are easily duplicable and readily shared over the internet, raising concerns about information protection and security. Specifically, people may question whether the electronic s is the same as it was at the time of creation or whether the has been forged or changed. As electronic s can be stored for a long time, it becomes significant to establish rules for when and how to dispose of them.

  Now, about one year left to implement the act on using electronic s in criminal justice procedures. At this point, this study is conducted to find ways for successful implementation of the electronic filing system in criminal justice procedures and predict issues that may arise in the early stages of implementation.

  However, since the act is not implemented yet, it is impossible to identify any specific problems of digitalization of criminal procedures. Therefore, this study only dealt with issues that may arise with the implementation of the act, rather than actual problems that may occur. That is the reason why the suggestions in this study would be somewhat abstract. Nevertheless, as a primary research, this study would be helpful to minimize errors at the initial stage of implementation and integrate the electronic filing system into criminal procedures. While the complete implementation of remote and non-face-to-face criminal proceedings, often referred to as the "e-court," is undeniably a crucial consideration, it is still too early at this stage. Therefore, this study did not delve into issues related to the "e-court."

  In the effort to promote the advancement of electronic criminal proceedings, this study examined legislations of foreign countries to gain ideas from them. To achieve this objective, the current status and legislation concerning electronic criminal litigation in the United States, the United Kingdom, Germany, France, and Japan were analyzed. These countries, having a substantial impact on Korean criminal justice system, serve as key references for the examination and enhancement of electronic criminal procedures. Infrastructure including information and communication network of Korea was as developed as those countries. For discussions and legislation, Korea is either comparable or even ahead of them. Nevertheless, these countries provide valuable insights. In the United States, many states already have utilized electronic warrants. Germany, in particular, regulates the use of electronic s in criminal proceedings and addresses potential issues related to information protection and security with the criminal procedural law. Both the United Kingdom and France have made significant efforts to improve their criminal justice systems for implementation of electronic criminal litigation. On the other hand, Japan appears to be progressing at a slower pace than Korea in the digitalization of criminal proceedings. However, it has conducted a comprehensive examination of the electronic criminal proceedings system and has prepared to digitalize the criminal justice procedures.

  Taking these considerations into account, this study identified following issues and presents suggestions to ensure the successful integration of electronic proceedings into criminal justice procedures.

  First, this study reviewed the content and format of relevant laws on the implementation of the electronic criminal litigation. Currently, there haven't been additional legislations or amendments of existing laws besides the enactment of the act on using electronic s in criminal procedures. However, as mentioned before, digitization of criminal proceedings does not means to simply replace paper s with electronic ones, it involves much more implications. In particular, considering the fact that warrants are a fundamental prerequisite for various coercive measures, including restriction of human body and search and seizure and the "Act on the Use of Electronic s in Criminal Procedure Act" enables the issuance and execution of warrants electronically, it deems to require to integrate such crucial provisions into the "Criminal Procedure Act" rather than to special acts. The existing "Criminal Procedure Act," set to commemorate its 70th anniversary of enactment in 2024, includes numerous provisions mandating the author of warrant to provide a handwritten signature and seal on paper warrant. These provisions should be amended to align with the complete reformation of electronic criminal proceedings.

  Second, this study looked into the distribution of electronic s in criminal procedures. It is needed to prevent the concentration of power that may occur due to the centralization of criminal justice information in certain institutions. Criminal Justice institutions should support the socially disadvantaged such as juveniles, seniors, individuals with disabilities, and foreigners to prevent possible disadvantages caused by unfair distribution of criminal justice information. To prevent forgery of created s and to manage information transparently and fairly, it appears to be necessary to introduce an information history tracking system that records the entire process of creation, transmission, storage, and disposal. With the prence of electronic s, access to investigation reports and other s becomes significantly more convenient. However, there are also risks of information misuse beyond the legitimate exercise of the right of self-defense. Considering possible unexpected consequences of easy access to records in criminal cases, law enforcement agencies need to limit access to certain information to prevent misuse of relevant records or s. At the same time, it is required to to clearly specify the reasons and scope of limiting access to certain s or records so that they do not unduly limit the rights of the defendant or suspect.

  Third, given the scheduled use of electronic warrants in accordance with the act, it is imperative to establish effective procedures for issuing and executing electronic warrants in a precise and reliable manner. The Article 17 of the existing act specifies a restricted scope for the issuance of electronic warrants. This legislative approach is considered inefficient if new coercive measures requiring warrants or judicial permission are introduced. The relevant provisions should be amended to incorporate these new measures. Looking closely into the Article 17, the section 2 provides the use of electronic warrants in principle, with exceptions of using paper warrants in specific cases distinctly difficult. In this regard, what should be done before introducing e-warrant is to specify the way of executing electronic warrants and clarify what constitutes impractical reasons of not using e-warrants. Furthermore, there is a need to check whether resources including human resource are enough to carry out the e-warrant system and to minimize potential confusion when it is fully implemented. To reduce risks of forgery or falsification of electronic warrants, for example, using forged e-warrant with the intent of fraud, this study suggests to use a separate computer network for the distribution and transmission of electronic warrants.

  Fourth, there is a need to establish a new information protection and security measures specialized for criminal justice information. Until now, matters related to personal information have mainly been governed by the Personal Information Protection Act, and those related to securing the safety and integrity of information networks are controlled by the Act On Promotion Of Information And Communications Network Utilization And Information Protection. By its nature, criminal justice information contains highly sensitive content, though it needed to be shared among law enforcement agencies for investigation or process for trial. Therefore, it is desirable to introduce a distinct concept of information protection in criminal proceedings and address it through the Criminal Procedure Act. Germany differentiate the concept of information protection and information security and German criminal procedure law has provisions for each concept. Korea may contemplate adopting a similar approach in handling criminal justice information. The current 'Criminal Justice Information System (KICS)' has effectively implemented a robust security system, with no reported single incident of hacking or similar damages to date. However, in light of recent incidents such as the government computer system failure or the Supreme Court electronic filing system failure, it is necessary to prepare for unexpected accidents that may result in network failures. Also, It seems necessary to establish regulations imposing information security obligations on individual users to ensure that important s containing sensitive and crucial information, such as electronic warrants or investigative records, are not leaked due to user negligence or computer virus on user devices. As another of way of protecting criminal justice information, it could be considered to allow access to s containing criminal justice information only to registered lawyers or from devices with completed security certifications.

  Next, regarding preservation or disposal of electronic s, the existing acts and pertinent provisions shall be amended to accommodate changes. A number of laws, including the Criminal Procedure Act, the Act on Electronic s in Criminal Procedure, and the Regulations on the Collection, Analysis, and Management of Digital Evidence, set forth the retention and disposal periods for information while they also provide exceptions; in a certain conditions, electronic s or records should be preserved permanently. The problem lies in the fact that those conditions for exceptions are not practical but abstract. Even if the information is crucial for investigation and it seems to require to preserve the information permanently, unrestricted and permanent preservation without limitation may cause the misuse of information for unrelated investigations. Therefore, there is a need to specify clearly the exceptional reasons for permanent preservation of information and ensure the immediate disposal of irrelevant information so that it is not used for unrelated investigations.

  Another challenge of complete digitalization of criminal justice s is retrieving deleted s. For example, if previous investigation related s and trial records are required for retrial but all of those s and records are destroyed, there is no way to restore them. To address this issue, this study recommends to establish a right of the information subject to request backups of electronically stored s which is scheduled for disposal in time, and at the same time to come up with guidelines on backup procedures. This would allow individuals to be prepared for situations where they may want to reuse information after its scheduled disposal.