법률문서 작성 리걸테크 플랫폼의 법적 문제 - 독일의 smartlaw 판결을 중심으로 -

Recently, it has been questioned in each country whether the automatic legal document preparation service is a job that can be done by a non-lawyer or a legal service that is equivalent to legal affairs beyond the provision of information. This issue is basically clearly related to the legislative situation of each country. In other words, it is a question related to how the concept of legal affairs or legal services is defined and to what extent such legal documents are allowed to be provided or prepared by non-lawyers. However, fundamentally, it is also clearly linked to the question of how legal documents are prepared through algorithms and how to view this series of processes and evaluate them legally. Thus, the key is properly assessing the algorithm's information retrieval or processing process. Currently, in our literature related to automatic legal documentation services, this type of service is divided into the view that it is a violation of Article 109 of the R.O.K. Attorney Act and the view that it is not a violation because it does not correspond to legal affairs that provide legal counsel or advice. On the other hand, in Germany, the former position was taken in the first trial on the smartlaw service, but in the second trial and the federal court took the latter position, which was considered to be a simple area of publication that non-lawyers could do. While understanding the difference in this position, this paper will examine what is required to establish a legal environment in which the automatic legal document preparation service can be stably provided through the Legal Tech platform. For this, it is necessary first to examine the legislation of the Republic of Korea and Germany (II). Next, after reviewing Germany's smartlaw judgment in detail (III), the related legal issues are considered in detail (Ⅳ).