ISSUE 10 MARCH 2016 LEVERAGING TECHNOLOGY TO IMPROVE SERVICE DELIVERY IN THE JUSTICE SECTOR IN SOUTH KOREA By Heike Gramckow and Omniah Ebeid 1 INTRODUCTION Since the late 1970s and the introduction of modern needs and demands of the court user community. information technology (IT) in the justice sector, the This note outlines the approach taken by the development and implementation of IT solutions Korean judiciary in developing, implementing and has become one of most important tools utilized by successfully leveraging IT solutions for the benefit judiciaries for providing more efficient and effective of the justice sector and its users. services and improving court performance. Providing IT solutions such as e-filing, for example, THE SOUTH KOREA APPROACH reduces litigant cost and increases access to court South Korea’s success was the result of a holistic services where many functions can be done by the and carefully developed approach that was a click of a mouse. Automating case management part of a long-term agenda to reform the judiciary systems contributes to improving efficiency by and improve performance and service. Initiated facilitating better processing and management of in 1979 by a group of judges with the desire to cases by judges as well providing management better manage their cases, a feasibility study was with up-to-date reliable court data that enables commissioned and conducted by the Korea Institute them to make more informed decisions. The extent of Science and Technology. The study focused on to which technology improves court performance how technology might be used in the courts, and and the ways in which justice services are delivered its results paved the way for the introduction of depend, however, in great part on how the IT technology soon thereafter. Since then, the use of solutions are developed and implemented. The technology in the courts has evolved from using a simple database for cases into the provision of effectiveness of these solutions also depended on sophisticated, comprehensive and integrated IT other factors such as court leadership, available solutions for judges and court users. The initiative financial and human resources, and technical and desire of the South Korean judges to learn capacities of judges, staff and court users, and combined with their ownership of the reform the various stakeholders’ willingness to use new process has and continues to be a major driver of technologies. The judiciary in South Korea is the many achievements made in the justice sector, one example of how these factors contributed to one of which has been its performance in the Doing a successful model where comprehensive and Business Report enforcement of contract indicator. integrated IT solutions are provided. The tools South Korea has ranked 2nd out of 189 economies currently available not only support and address the in this indicator since 2011. The judiciary’s good internal needs of judges, court staff, management performance is further reflected in the newly and policymakers but also address the specific added “Quality in the Judicial Processing Index” in the Doing Business report which measures the extent to which each economy has adopted good practices in: 1) court structure and proceedings; 1 Heike Gramckow is a Lead Counsel, and Omniah Ebeid is a Senior Justice Reform Specialist with the 2) case management; 3) court automation; and Global Governance Practice of the World Bank. 4) alternative dispute resolution. Assigning scores worldbank.org/j4p ISSUE 10 MARCH 2016 ranging from of 0-18 with higher values indicating the requisite resources and efforts, the Court was better and more efficient judicial processes, South able to develop its in-house IT capacity. By 1988, Korea scores 13.5 in the Index.2 the Division of Electronic Data Processing System & Information was established. In 2008 the Judicial In addition to the initiative taken by judges, another IT Management Center of the Supreme Court was key driver for the achievements made in South Korea also established and currently houses all IT staff. has been the leadership role taken by the Supreme Despite however having this in-house capacity, Court, its championing of the use of technology and the Center is keen on being apprised of the most understanding of its potential benefits and impact on cutting-edge IT developments and utilizing the the justice system as a whole. Recognizing early on best possible expertise from the private sector that technology can be an effective tool for providing and outsources IT projects if needed. Unlike many services, improving efficiency and helping judges, other judiciaries, IT is factored into the wider policy the Court adopted a three-pronged approach aimed and decision making process of the courts. For at systematically developing the required enabling example, in 2012 two IT directors were appointed environment for effectively utilizing technology in in to serve on the National Court Administration of judiciary. With the users’ needs at the forefront, the the Supreme Court (the entity responsible for all Court began taking carefully studied incremental administrative matters for the court) which further steps to introduce technology rigorously testing, illustrates the significance that has been placed on evaluating and improving upon each solution over technology.3 time. In 1986, nearly a decade after the results of the study on the use of technology in the courts Concurrently, the Supreme Court also focused were presented to the judges, the first-generation on building a cadre of capable judges and staff. Case Management System (CMS) software for By developing the technical and legal capacities civil cases was launched. Since then and following of these individuals, the Court would ensure continuous testing and improvements, the CMS that they would become able to contribute to the was rolled out in all courts and later transitioned achievement of the Court’s vision and automation into a web-based system in 1994. efforts as well as become sufficiently equipped to carry out and lead future efforts. To supplement BUILDING AN ENABLING ENVIRONMENT the in-country legal and technical training provided Following a the three-pronged approach and to judges and staff by the Judicial Research and understanding that having the will and desire to Training Institute and the Training Institute for Court introduce technology in the courts is insufficient Officials, respectively, and as early as 1982, the without the requisite human capacities, the Court Court launched an overseas training program. With began focusing on building the capacity of staff to the forethought that judges and staff could benefit develop and implement IT solutions. By dedicating and learn from other well-performing judiciaries from across the globe, this overseas training program was established. To date, about 60 participants are selected each year to take part in the program. Some judges go to universities, educational institutions and research centers where they conduct research on various legal topics for a period ranging from 6 to12 months, while others, including court staff, visit well-performing courts around the globe (e.g., the UK, Germany, Austria, Japan, Canada, China, The Netherlands, Russia, Australia, Spain, and Switzerland among others).4 While overseas, Figure 1 Supreme Court IT Center 3 The National Court Administration is responsible for all administrative matters and is under the supervision 2 See World Bank, Doing Business 2016 (Washington, DC: of the Chief justice. It has three bureaus: planning and World Bank, 2016), http://www.doingbusiness.org/reports coordination, judicial proceedings, and registration, plus (The Index was added to the Doing Business methodology for an inspector general for judicial ethics. assessing the enforcement of contract indicator). 4 South Korea Supreme Court Annual Report 2012. 2 ISSUE 10 MARCH 2016 participants are able to gain unique and practical the cost and time expanded in transacting with the firsthand knowledge of how other courts operate courts and providing greater access to services. and build relationships and professional networks with counterparts in the profession. This program OTHER SUCCESS FACTORS also provides participants with a platform for In addition to working on providing an optimum sharing knowledge and lessons learned and environment for the use of technology in the courts, becoming apprised of emerging developments in the Supreme Court’s activities were always guided the justice sector. This approach to professional by a strategic vision and a unique understanding development has served South Korea well over the that change takes time and is a process that is best years and was especially beneficial when the Court carried out incrementally so as to give users (the was exploring the introduction of the jury system. public, judges and court staff) the opportunity to Having been exposed to the use of juries and the understand how they will benefit from a particular adversarial system during the overseas training system or tool. Guided by this as well as the program and the close collaboration developed understanding that external and internal users must with the National Center for State Courts in the be educated and slowly transitioned into using United States, the judges were well equipped and technology, implementation of IT solutions was prepared to implement this system when it was systematically carried out in phases. Each phase introduced in 2008 in criminal proceedings. built upon the previous one and allowed users to test and become acquainted with the benefit of the In parallel with the capacity building efforts, the solutions provided. Court also began studying the potential impact that the legal framework might have on reform efforts and the implementation of IT solutions in the courts. Aware that outdated laws may not 3rd Phase sufficiently reflect or address societal and technological Petition/Motions developments and could 2nd Phase Bankruptcy in fact hinder change, the Family Affairs Court proactively began to systematically review the Bankruptcy Administrative Case governing legal framework. This Family Affairs Civil Case review resulted in the enactment Administrative Case of a number of laws that would Patent Case Civil Case support the introduction and 2012-2013 use of technology in the courts. 1st Phase Patent Case In 2002, a new Civil Procedure Act was passed, and in 2005 Patent Case 2010-2011 the Act on the Application of Electronic Documents 2009 of Demanding Procedures Figure 2 e-Court Vision was also enacted, laying the foundation for the transition to e-courts and the establishment of the Electronic Following the Court’s vision, master plans were Demanding Procedure System. By 2010, the Act developed, each addressing specific needs and on the Application of Electronic Documents in Civil guiding the incremental implementation of new Cases was enacted, providing the legal basis for IT solutions. For instance, and subsequent to implementing the e-filing systems and moving to implementing the first Civil Case Management a paperless format. In addition, the law governing Program in 1986, a five- year plan was developed family relations was also amended so as to allow for in 1992 for creating e-courts and developing the the development of the Family Relations System, necessary foundation for more advanced solutions. which currently handles family registration and A long-term plan for developing a judicial e-system other family related issues in an online platform. was developed in 1998, and in 2003, a master Collectively, these laws have allowed for the plan for establishing electronic case filing was implementation of IT systems and solutions that developed, followed by another master plan for provide better and faster services while reducing developing e-courts in 2005. 3 ISSUE 10 MARCH 2016 1979 – 1997 1998 – 2004 2004 – 2015 • 1979 • 1998 – 2002 • 2004 – 2009 - Feasibility Study for - CMS for all Cases - Integrated Justice System Computerization of Judiciary - Registers Support System - Video Witness Hearing System - Supreme Court Homepage - ECF for Civil Summary Procedure • 1986 - Court Auction Homepage (Money Claim) - CMS1) for Civil Case - Standard Model E-Courtroom • 1988 • 2003 – 2004 - BPR/ISP for Next Generation E-Court - Set up IT Department in - Transition to Web-bBased CMS National Court Administration - Electronic Signature System • 2010 – 2015 - CMS for Civil and Criminal Case - Nationwide Information Network - Launch Electronic Case Filing (Host Based System) - Digital Library System System - Judicial Data Exchange in Criminal • 1992 – 1997 Cases - Client/Server Based CMS - Server Based Computing - Smart Work System Early Phase Expansion and Enhancement Next Generation Figure 3 Presentation by Supreme Court IT Center at the World Bank on the judicial information system and e-Court in South Korea,2014. Throughout this process, and according to each Despite providing easier and more efficient plan, older systems were upgraded, new systems mechanisms for internal and external users were developed and tested, enabling laws were and reducing user costs (e.g. cost incurred in enacted and the proper infrastructure was put in having to physically go to court), transitioning place for future systems and tools. For example, the into an automated environment has not been CMS, which had been a client-based server, was without challenges. For instance, and despite the upgraded to become an accessible a web-based convenience provided by the e-filing system to system with added electronic signatures and digital users, not all lawyers were initially willing to use certificates. Courts were internally connected via a the service. To address this challenge head on, the judicial network in 1998, which also allowed them to Court provided incentives such as reducing users’ be externally linked to entities such as the Ministry of court fees for those using e-filing. To transition Public Administration and Safety, the Prosecutor’s litigants into a purely paperless format, the Court Office, and banks. Connecting these entities with ensured that users had the option to transact with the courts resulted in faster and more efficient the court in a paper format. In the meantime, public communication and transactions among all entities. awareness activities were developed and carried Also according to plan, e-filing was introduced in out to increase user awareness of the many tools 2010 on a pilot basis in the Patent Courts and the available and to transition them slowly into the new Electronic Case Filing System (ECFS) has since paperless environment. A homepage dedicated for been successfully rolled out in all other courts: civil, Pro Se litigants was developed to provide forms, family, bankruptcy and administrative.5 notices, templates, information and guidelines on how to file and download documents, and to search court decisions online, as well as to obtain 5 http://eng.scourt.go.kr (Litigants and attorneys can information on how to navigate and use the various electronically file documents and evidence for certain e- services. To ensure that foreigners living in South types of cases on the Electronic Case Fining System Korea also had access to court services, information (ECFS) website and access case records and procedural information and search for legal information, such as the is provided in English, the most commonly used Supreme Court’s decisions, articles or news regarding foreign language. In addition, to further assist court the law. In addition, ECFS provides the parties with users who may not be tech-savvy and who may several stable and convenient services connected with require more hands-on assistance, a hotline was the electronic services of financial institutions, registration also developed to provide personal assistance. In offices and other public institutions involved with litigation- line with the Court’s forward thinking approach, a related matters. Judges and court staff can also manage homepage for children has also been developed cases by scheduling and preparing for hearings through providing information about the courts in a child- the system as well. An additional function of the ECFS friendly formatting. also includes an information and archiving management system). 4 ISSUE 10 MARCH 2016 THE RESULTS: INTEGRATED IT SOLUTIONS The efforts that began in the late 1970s have Another important tool is the Family Relations substantially increased over the past decades but System. This system computerizes and provides have always been guided by a clear vision and online access to all family registration procedures dedication to leveraging technology to improve and records. It is especially helpful since it is linked the experience of court users, enable courts to to the Immigration Office information system, thus provide more efficient services and allow the court allowing it to more effectively support the processing leadership better manage internal operations. of nationality cases. The system shares population This approach has served South Korea well and census data with the National Statistic Office, has set it apart from many other judiciaries- few a feature that has served to support improved judiciaries have been able to accomplish similar resource and budget allocations at the courts. It developments, e.g. Singapore and Australia.6 is also integrated with other court systems, e.g., the Judicial Affairs System, a feature that has in To date, the tools and services provided serve turn eliminated the need to go the court to present the needs of:1) court users, including lawyers documents and enabled users to file and complete and Pro Se litigants; 2) judges and court staff; family-related requests (e.g., related to marriage and 3) policy and decision makers. One of such and birth) entirely online. As with the prior system, tools is the Registration System, a dual function and to give those with little or no online access the tool that provide users with online access to real same level of services, over 1,000 automated self- property registration records and has the capacity service machines were installed throughout the to generate certified copies of such records while country in local government offices. Other tools providing clerical support to staff of the Registration include the E-Trial homepage where users can file Office. Launched in 1998, this system has since cases and request service for all types of cases been upgraded and currently provides web-based online and a “Court Auction Information System” services that have improved efficiency, reduced that is linked to the Case Management System, the cost for users and improved internal operations. To Bailiffs Consolidated System and the Registration further support its functions, over 400 automated System allowing users to participate in real property self-service machines were installed across the auctions held by the court online—this system country to allow users to request and obtain certified allows for the completion of the auction process copies of real property records. Case Management System E-Courts System - Docket System - Payment System ECF E-Courtroom - Case Alllocation System - Deposit System - Electronic Money Claim - Standard E-Courtroom - Case Filing System - Case Files Archiving - Electronic Entrusting - Audio Video Recording, - Calendaring System - Electronic Property Video Conferencing - Service System Inquiry - Common Service System Judge Support System Public Information Service - Case Workflow System - Groupware Court Homepage Case Information - Decision Support System - Law Search Certificate Issuance Law Search Information Exchange Self Help Center Figure 5 Presentation by the Supreme Court IT Center at the World Bank on the judicial information system and e-court in South Korea, 2014. 6 Globally, South Korea has ranked 4th out of 189 economies by the Doing Business reports for the past several years and second in the ease of enforcing contracts indicator since 2011. 5 ISSUE 10 MARCH 2016 entirely online. In addition, the Court implemented and ultimately increasing internal efficiency. the “Public Service for Access to Integrated Trial Furthermore, in addition to supporting judges and Records” tool which provides online access to trial staff, these system enable more informed decision- records and court decisions. In addition to these making by providing court leadership with access services, lawyers are also provided access to web- to reliable data that can be generated by the click based legal and judicial materials through the “Legal of button. Information System” and “The Law World”—a legal information database. THE FUTURE OUTLOOK In terms of support to judges, and in addition to Having developed one of the very few the comprehensive automated Case Management comprehensive justice sector integrated IT systems System, a Judicial Information System providing worldwide, and achieving a level of automation access to all court decisions as well as laws that has surpassed most other courts, the South and regulations was developed, and a Decision Korean Supreme Court has not shown any sign Management System that stores and preserves all of slowing down. The Court is forging ahead in case decisions was also established. A Knowledge its plan to move to a purely paperless format and Management System providing an intranet platform having virtual courtrooms following the same for judges to share knowledge and learn from each holistic approach it has taken since the late 1970s. other has also been implemented. E-courtrooms Despite the high level of success in leveraging to support the many automated solutions and technology, professional development efforts have allowing for virtual presentation of evidence have not slowed down, and judges and court staff are been developed across the country. Collectively still participating in the overseas training program. these systems are providing the foundation for The road taken by the Supreme Court should serve transitioning into a completely virtual courtroom as a blueprint for developing well-functioning and environment. Additional systems such as the efficient courts. Based on the initiatives taken and “Intelligent Court Administration” system were also the Court’s overall strategy and approach, the way implemented to support management by enabling in which the judiciary continues to progress in the electronic approval of administrative requests coming years may continue to serve as a guide and thereby reducing delays in processing requests model to all other judiciaries. WHY JUST DEVELOPMENT? BECAUSE UNJUST DEVELOPMENT WILL NOT ACHIEVE OUR CORE GOALS. Just Development provides a curated series of brief, yet informative and thought provoking, case studies, lessons and essays to share knowledge and stimulate debate on how development practitioners can promote effective justice institutions to achieve the World Bank’s core goals of eliminating extreme poverty and boosting shared prosperity. 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