Connecting Sokcho to Los Angeles for Court Hearing
■ First video conference court hearing for a witness residing abroad (LA, USA)
○ Since the courts began video conference hearings, there have been a number of video conference witness examinations for witnesses residing in Korea but not abroad
○ This was the first case of connecting the court and a witness overseas for witness examination in accordance to the Civil Procedure Act,
○ Information of the video conference hearing:
- Court: Sokcho Branch Court of Chuncheon District Court
- Date and time of the video hearing: Korean time January 12, 2018 at 09:30 (US time January 11, 2018 at 16:30)
- Place of attendance: Video Conference Room located in the Korean Consulate General in Los Angeles
- Witness: Korean person who holds US citizenship and resides in LA
- Case summary:
· The Plaintiff filed retirement allowance lawsuit against Defendant Company where the Plaintiff worked for years and retired.
· The Plaintiff claimed that the Plaintiff signed a retirement allowance agreement with the Defendant Company and demanded for payment of the amount described on the agreement, and the Defendant Company argued that such agreement was never signed.
- Testimony: The Witness, who was an executive member of the company at the time of the retirement agreement claimed by the Plaintiff, gave testimony on whether the agreement was actually signed
■ Video conference witness examination
○ Revised Civil Procedure Act allows video conference hearing for witness examination from September 30, 2016, allowing witnesses and assessors to provide testimony without making presence at the courtroom in person
○ Conditions for video conference examination → Civil Procedure Act - Article 327-2 (Examination of Witness through Video or Other Transmission System)
① If deemed appropriate to examine a person falling under any of the following subparagraphs as a witness, the court may examine him/her through a video or other transmission system after hearing opinions of the party concerned:
1. Where the witness has difficulty in appearing before the court because he/she resides in a remote or barely accessible area or due to other circumstances;
2. Where the witness is likely to become significantly disturbed due to psychological burden when he/she testifies in confrontation with the party, etc. in court, in light of his/her age, physical or mental state and relation with the party or legal representative, the details of examination, and other circumstances.
○ Above provisions allow video conference testimonies for witness and assessors; therefore, the plaintiff and defendant, who are parties to the trial, are still required to be present at the courtroom for hearing
■ Method of witness examination with video conference system
○ To conduct witness examination proceeding via video conference, the witness should make presence at the video conference testimony room in the closest court from the witness’ place of residence
- For example, if the place of hearing is Seoul Central District Court and the witness resides in Jeju Island, the witness may go to Jeju District Court to make testimony through a video or other transmission system
- In order to minimize the possibility of external influence over the testimony, making testimony at the witness’ place of residence is prohibited in principle
Civil Procedure Rule - Article 94-2 (Examination of Witness through Video or Other Transmission System)
① Witness examination prescribed in Article 327-2 of the Civil Procedure Act shall require witness to appear at a place where a video or other transmission system is installed and enable the judge, parties and other persons concerned, and the witness to recognize each other through visual and audio transmission; and
② A video or other transmission system described in paragraph (1) shall be installed inside a court; however, it may be installed at an appropriate place outside a court when necessary.
○ On the other hand, assessors are allowed to provide testimony from his/her office or place of residence through internet-based video conference system
■ Result of close cooperation with the Ministry of Foreign Affairs and Ministry of Justice
○ Since the Korean courts do not have branches overseas, it was important to find an appropriate place where the video conference room provides similar environment to those installed in Korean courts in order to minimize external influence over the witness testimony
○ Upon receiving the information from Sokcho Branch Court of Chuncheon District Court about the necessity of video conference testimony from a witness residing abroad, the Supreme Court made request to the Ministry of Foreign Affairs to assist the witness residing in LA, USA to appear at the Korean Consulate General in LA; and the Ministry of Foreign Affairs provided full cooperation to enable video conference testimony of the witness
○ A public prosecutor seconded to the Korean Consulate General in LA also provided assistance for arrangement and communication between the two cities for the hearing
○ As a result of close cooperation between the courts, Ministry of Foreign Affairs and Ministry of Justice, the witness appeared at the Korean Consulate General in LA and the witness examination was successfully completed
■ Method of video conference testimony
○ Installed computers equipped with web camera and audio equipment in the courtroom of Sokcho Branch Court of Chuncheon District Court and the Korean Consulate General in LA
○ Installed video conference program developed for remote court hearing according to the Civil Procedure Act and connected Sokcho Branch Court of Chuncheon District Court and the Korean Consulate General in LA through the internet
■ Expected Effect
○ Reduction of socio-economic costs concerning litigation
- Overcome the inconvenience of appearing in courtroom in person for witnesses who live abroad by using the information and communication technology
- Reduce the travel and other associated costs that may incur for witness who needs to fly to Korea from abroad to appear at the courtroom hearing
○ Contribution to quality trial
- Contribute to quality trial by conveniently accommodating witness to provide testimony while it would otherwise have been difficult without video conference system
- Enable professional assessors who can hardly make time to appear in court, such as doctor, architect, etc., to easily provide detailed information through video conference system
■ Future Prospect
○ With the success of the first video conference hearing with witness living abroad, it is expected that more witnesses and experts who live abroad and could hardly appear in Korean courtroom will be able to provide testimonies to trials through video conference system
○ Keeping up with the Fourth Industrial Revolution, the courts will continue to implement the advanced information and communication technology of Korea to minimize people’s inconvenience and enhance judicial confidence |
