‘Burden of proof’ refers to the risk or disadvantage to one party of being treated as if a fact does not exist and being subject to a legal judgment when it is unclear whether a fact that needs to be proven in a lawsuit is true or false.
Ordinary people who are not familiar with litigation procedures are bound to face great difficulties and disadvantages due to insufficient evidence collection. Legal professionals also widely recognize that the burden of proof acts as an obstacle to uncovering the truth of a case.
In fact, according to the Supreme Court Court Administration's 'Judges' Awareness Survey on the Discovery System Report', 94% of respondents agreed with the statement that 'under the current civil litigation system, the court has difficulty discovering the substantive truth.'
The discovery system, which is emerging as an alternative in relation to the burden of proof, which is pointed out as a limitation of the current civil litigation system, is an American legal system that actively searches for evidence possessed by both parties in the litigation law and requires both parties to mutually disclose evidence and documents held by each other before the trial begins.
By allowing the other party to submit and confirm the evidence, the issue is clarified without omitting evidence and the facts are properly organized, which shortens the court hearing period and allows the trial process to proceed more efficiently.
Although Korea does not implement a discovery system like the United States, there is no change in the fact that it is ultimately important to collect clear evidence first.
If clear evidence is collected first, there is an expected effect that the case can be resolved in a short period of time through agreement or mediation between the parties as each party has a clear position on the claims and grounds. Even if the other party denies the evidence and proceeds with the trial, a more reasonable judgment can be made because all the specific evidence is organized and the trial is conducted focusing on objective facts based on it.
Attorney Lee Gyeong-min of Daeryun Law Firm (Lihan) advised, “As there are limitations in securing and analyzing evidence for individuals due to the strengthening of the Personal Information Act, it is necessary to seek assistance from a professional lawyer so that evidence can be collected without illegality.”
View full article - To reduce damage resulting from the burden of proof, systematic collection of litigation evidence must take precedence.
