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KCI등재 학술저널

민사 사법절차(Civil Justice)에서 인공지능의 확장

도산 및 민사 신청 절차에서 인공지능재판의 제안

In recent years, there has been a notable increase in academic discussions on artificial intelligence (AI) across various academic disciplines, spanning humanities, society, science, and medicine. Within the realm of early AI development, the legal field has been particularly focused on the allocation of responsibilities related to self-driving cars and the implications for insurance systems. These discussions aim to tackle emerging legal disputes resulting from the widespread adoption of AI technology and strive for equitable resolutions. Another significant area of discourse revolves around the potential integration of AI technology in the legal profession, specifically exploring the feasibility of employing “artificial intelligence judges.” Contrary to initial expectations, AI has made significant strides, overcoming past periods of stagnation referred to as “AI winters.” In the near future, AI is poised to surpass its current capabilities, which mainly involve leveraging deep learning techniques on extensive judicial data to identify the most relevant case precedents. Instead, it holds the potential to generate comprehensive legal judgments or tailored reasoning for specific cases, thereby making substantial advancements in the judicial process. Efforts to incorporate AI into legal procedures are already underway, with even our Supreme Court exploring its utilization. For example, a policy research service project called the “Introduction of the Next-Generation Electronic Litigation System” is being implemented with the goal of adopting it by 2024. This article specifically focuses on the subfield of research known as “Artificial Intelligence for Law” within the broader context of “Artificial Intelligence and Law.” It delves into the fundamental principles of AI technology, the concept of AI trials, and presents the rationale for embracing AI trials as a legitimate component of judicial procedures, particularly within civil lawsuits. Furthermore, the article examines the current state of AI adoption in civil judicial procedures, both at the national and international levels. It sheds light on practical applications of AI technology in legal judgments and litigation processes, exploring specific domains where AI is already being employed. Additionally, it discusses instances of AI utilization in administrative acts or administrative litigation, expanding the potential areas where AI trials could be implemented in civil judicial procedures in the future. Lastly, the article addresses the challenges associated with the use of AI in legal contexts and outlines improvement plans. It highlights potential issues that may arise and proposes strategies to mitigate them, ensuring the effective and ethical incorporation of AI technology in the field of law.

Ⅰ. 들어가며

Ⅱ. 기계학습과 데이터, 인공지능재판

Ⅲ. 사법절차에서 인공지능의 활용

Ⅳ. 민사 사법절차에서 인공지능의 확장

Ⅴ. 확장론에 대한 윤리적 고찰

Ⅵ. 맺는말

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