The digital transformation of the judiciary has become an irreversible reality. Originating from the Electronic Government Act in the late 1990s, the digitalization of judicial proceedings culminated in the establishment of the first-generation Korean...
The digital transformation of the judiciary has become an irreversible reality. Originating from the Electronic Government Act in the late 1990s, the digitalization of judicial proceedings culminated in the establishment of the first-generation Korean Integrated Criminal Justice Information System (KICS) around 2010 and the concurrent introduction of electronic procedures in civil, administrative, and family litigation. Today, a second generation of reform aiming for the complete digitalization of criminal procedure is poised for full implementation. This next phase represents not merely a technological upgrade but a systemic reconfiguration of judicial process itself.
This Article focuses on the electronic warrant system commonly referred to as the e-warrant as a central feature of the forthcoming digital criminal procedure scheduled for implementation on October 10, 2025. The warrant system occupies a constitutional core of the criminal process, safeguarding fundamental rights through judicial control under the principle of due process. Its digitalization, therefore, raises profound constitutional, procedural, and technological questions.
Part I briefly revisits the constitutional foundations of the warrant system rooted in the doctrines of due process and judicial oversight and traces how these principles have been operationalized through statutory law. It then situates the evolution of criminal justice digitalization within this constitutional framework, outlining the normative principles that should guide the digital transformation of warrant practice.
Part II examines the Act on Electronic Documents in Criminal Procedure and the design architecture of the e-warrant system. It analyzes the statutory objectives, operational mechanisms, and procedural design of electronic warrant issuance, execution, and recordkeeping, supplemented by the author’s normative assessment of their constitutional adequacy.
Part III the core of this Article addresses the principal challenges and proposed solutions surrounding the implementation of the e-warrant system. These challenges fall into three categories.
First, the integration of new technology generates novel risks. Issues include the technical validity period of electronic documents, the resilience and recovery of digital systems (disaster recovery, or DR), vulnerabilities to cybersecurity attacks, and the rising threat of social engineering. To mitigate these risks, the Article recommends reforms to digital signature certification policies, the establishment of a robust DR infrastructure, construction of dedicated secure networks, and the adoption of anti social-hacking protocols.
Second, the practical operation of the new statute presents procedural and evidentiary complexities. The Act provides that electronic execution of warrants is the general rule, yet allows paper-based execution when electronic execution is “impossible.”
This Article interrogates the scope of that exception and its real-world feasibility. It further examines how the concept of originality long tied to the physical form of judicial documents conflicts with the replicable nature of electronic warrants, and how authenticity might instead be ensured. It also considers how immutable procedural deadlines prescribed by the Criminal Procedure Act can be preserved in an electronic environment, and how the electronic recording of warrant execution can satisfy evidentiary integrity.
Third, the e-warrant system presents legislative and structural tensions with existing law. This Article questions whether the traditional notion of multiple warrant copies remains viable in the digital era and critiques the legislative technique that delegates key procedural details to Supreme Court Rules. It argues that such delegation may exceed the statute’s enumerated scope, calling for corrective legislation and supplementation of unaddressed warrant types.
Finally, the Article considers institutions excluded from the Act on the Promotion of Electronic Criminal Procedure notably special judicial police agencies and examines how effective judicial oversight can be maintained over such bodies. It also evaluates the implications of ongoing legislative debates in the National Assembly concerning broader reforms to criminal procedure and their intersection with the digitalization of the criminal process.
In the end, the digitalization of the warrant system represents far more than the substitution of paper with electronic form. It constitutes a structural transformation of the criminal justice system itself, demanding vigilance, foresight, and constitutional discipline to ensure that efficiency does not erode the very safeguards it seeks to modernize.