인공지능을 활용한 민사분쟁 해결에 관한 고찰

This paper presents a review of the possibility of civil lawsuits using artificial intelligence, which is in the spotlight of the legal market in the current depersonalized contactless era. Today, the scale of e-commerce is increasing with each passing day, and online dispute resolution (ODR) is being used as an appropriate method to resolve related disputes. Recently, as artificial intelligence, the core of the 4th industrial revolution, has been grafted into the legal field, online dispute resolution procedures using artificial intelligence are in the spotlight. It is expected that artificial intelligence in civil litigation will be effective in not only establishing impersonal judicial procedures but also in addressing the shortage of judges, minimizing unfair trials, and reducing trial costs. However, concerns arising from the use of artificial intelligence cannot be overlooked, particularly issues involving proper control when artificial intelligence system in use and resulting ethical challenges. In addition, widely disclosing data such as precedents is necessary to ensure a large corpus of high-quality data to access the advantages of artificial intellig- ence. In this case, protecting personal information will become increasingly problematic. Contemplating the above, considering how to use artificial intelligence in practice is necessary. Civil disputes, in which the principle of private autonomy of the parties is an important principle, is considered appropriate when actively undertaking dispute resolution using artificial intelligence. When examining the contents as applied to civil litigation, first, it can be used for mediation and arbitration, where the procedure is less rigid than that of a trial. In the case of mediation, chatbots or autonomous vehicle programs are being resorted to, and efforts to develop artificial intelligence programs that can be used in the mediation field are ongoing as well. Furthermore, small claims cases can also be resolved using online dispute resolution procedures. Estonia, located in Northern Europe, is already using an artificial intelligence system to solve small claims cases. Recently, there is much interest in the introduction of discovery in Korea, and if the electronic discovery is also used, the need for artificial intelligence will increase in this regard. Although there are many problems to overcome when artificial intelligence is employed in the judicial system, its use seems unavoidable and prospects are bright. In the future, continuously studying how humans and artificial intelligence will cooperate in resolving conflicts will be necessary.