If the recipient never opens the electronic document registered in the system, when is service or notice deemed made, and what could prevent that?
General information · Not legal advice
Material to check
In this practice material we read the system's record of when the electronic document was registered, the electronic notice of that registration sent to the recipient, any record of a fault in the system or another prescribed reason, and the papers showing the recipient's status in the proceedings.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats service as complete without any act by the recipient: once the criminal justice handling agency registered the electronic document and notified the recipient of that fact electronically, service is deemed made on the day the period the provision sets has passed since that notification.
Another reading attaches limits to that date. Where protecting the procedural rights of a suspect, an accused person or others in that position requires it, as set by Presidential Decree or Supreme Court Rule, the document is not deemed notified at all; and any period when a system failure or another prescribed reason kept the recipient from checking is not counted, with the way that period is calculated also set by those rules.
Your judgment
Where a recipient whose procedural rights turn on a deadline never opened the document, what in the file would show whether the protective exception was meant to apply to that person?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the period or the protective exception, or if a court decision sets when that exception applies to a suspect, an accused person or others in that position.