리걸테크의 가능성과 한계

• 영문명: Possibilities and limits of legal tech
• 발행기관: 충북대학교 법학연구소
• 저자명: 홍영기(Young Gi HONG)
• 간행물 정보: 『과학기술과 법』제15권 제1호, 257~274쪽, 전체 18쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2024.06.30

국문 초록

While the expectations and fears surrounding legal tech are currently preoccupying the legal community, its potential may not be as revolutionary as it seems at first glance. The actual legal process of interpreting the law and applying it to cases has limitations that cannot be overcome, no matter how far technology advances. Legal methodology has long been divided into conceptual jurisprudence and value-based jurisprudence. Value-based jurisprudence dominates the discussion. According to value-based jurisprudence, which is widely accepted in legal theory and practice today, algorithmic systems can only make causal, but not normative considerations. One reason for this is that the law itself is not fully conceptualised and is therefore an incomplete object that intentionally or unintentionally leaves room for interpretation. It cannot be used as the basis for legal judgements in a machine without additional interpretative work by the person applying it. These methodological limitations cannot be overcome even by the most advanced evaluation programmes. The solution may be to simplify certain evaluation processes within the programme in order to improve the strengths of the algorithm.

목차

Ⅰ. 도입글

Ⅱ. 개념법학

Ⅲ. 평가법학

Ⅳ. 평가법학의 현재

Ⅴ. 심사의 단순화를 통한 기술적인 가능성

Ⅵ. 결론 및 전망

키워드

리걸테크 법학방법론 개념법학 평가법학 알고리즘 인공지능 legal tech legal methodology conceptual jurisprudence value-based jurisprudence algorithm A. I.