In writing only: email and e-filing

KSTGeneral information, not legal advice
Synthetic · simulationNot a real case

When may a petitioner send in the certificates or supporting papers for a civil affairs petition in electronic form, and when might that form be refused?

General information · Not legal advice

Material to check

In practice material of this kind, we read the record of the agency's information system showing whether it can receive electronic documents or digitised documents, the papers the petitioner actually submitted in that form, and any notice stating why electronic submission was not accepted.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading follows the main rule: a petitioner may submit the certification or supporting documents needed for handling the civil affairs petition as an electronic document or a digitised document, so the form itself is the petitioner's to choose where the exception does not apply.

Another reading turns on the proviso: electronic submission is unavailable where the administrative agency has not built an information system able to receive such documents, and also where another ground set by Presidential Decree exists, so the file must show which situation applied; how the authenticity of an electronically submitted document is verified is set separately by the rules of the National Assembly, the Supreme Court, the Constitutional Court, the National Election Commission and Presidential Decree, which this provision does not itself specify.

Your judgment

If the agency's system accepts the electronic form but the papers are still refused, how can the file show that a ground set by Presidential Decree, rather than the absence of a system, was the reason?

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 exception or the grounds set by Presidential Decree, or if a court decision explains when an agency counts as not having built a system able to receive electronic documents.

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