These regulations are promulgated pursuant to Article 92 (2) of the Law of the Court Organization, Article 47 of the Law of the Administrative Court Organization, Article 213-1 of the Code of Civil Procedure, Article 100-1 of the Code of Criminal Procedure.
Each court shall be equipped with digital audio recording system for audio recording when court is in session, supplemented by audio tape recorder as a standby equipment.
Audio recording shall be made at civil, criminal and administrative court when in session.
No audio recording by parties to the law suit or by others is allowed without permission of the presiding judge trying the case.
Audio recording in court shall start from the beginning of court session and last until the end thereof without interruption. If the court procedure continues, the remaining space of the audio tape shall be used for the next court day. Court clerk shall announce the date and time as the court calls for the names of the parties and announce the cause of the case.
Court clerk shall prepare minutes containing statements made by parties and other related persons in addition to court audio recording. The audio recording shall assist with the making of the minutes.
The above-mentioned minutes shall be read to, or reviewed by the persons making the statement. In the case of disagreement regarding the contents of the minutes, the court clerk shall run the audiotape to verify the contents thereof. If there is a mistake or missing statement in the minutes, a correction or supplement shall be made. If the minutes is proven to be correct, then the disagreement raised shall be noted in the minutes.
If the person entitled to inspect or review court files asserts incorrectness or incompleteness in some part of the minutes, he/she can file a motion for reviewing the contents of the audio recording for comparison purposes, either prior to the next court day or within seven days after conclusion of oral proceedings.
Upon petitioner's motion under the provision of section 1 of this article, the Court shall play the audio recording disc to compare its contents with that of the minutes and shall make proper corrections if incorrectness or incompleteness in the minutes has been confirmed.
The person entitled to inspect or review court files can, upon paying fees, request the delivery of audio recording disc of court recording, starting from the next day following the court day until thirty days after the judgment becomes irrevocable.
The contents of court audio recording shall not be erased prior to the end of thirty days following the day that the judgment becomes irrevocable.
The contents of audio recording stored in digital media shall be kept by the Information Management Office of courts of all levels. Court record stored in audio tapes shall be numbered and kept in the Archives at courts of all levels after the case has been finalized.
Erasing of recorded materials shall be the responsibility of, in civil and administrative cases, the court clerk in charge of keeping completed case files. In criminal cases, the same shall be done by the court clerk in charge of transferring the case for sentence enforcement prior to transferring the file. Notice shall also be submitted to other courts keeping the recorded material for erasing the same.
The presiding judge trying the case shall order the erasing of recorded material on the audio recording media before returning the same to those who have made the recording without permission.
The president, the presiding judge trying the case, or other personnel in charge of judicial administration can submit request for court audio recording if necessary.
These regulations are effective upon promulgation.
Amendments to these regulations shall become effective on September 1, 2003.