인공지능 법관의 도입 가능성 검토 - 법관의 독립과 양심을 중심으로 -

The development of artificial intelligence such as ChatGPT and AlphaGo has raised the possibility and alarm that artificial intelligence can replace human judgment, and in the legal field, the so-called “Judicial transaction incident” has raised distrust in the judiciary, and interest in A.I. judges has increased. Due to the disappointment with the judiciary, some say that we should introduce AI judges for fair trials to regain the trust of the judiciary and protect the independence and conscience of judges, but there are many constitutional and legal considerations. The positive aspects of introducing A.I. judges are that they can restore fairness and speed up trials. However, when introducing A.I. judges, the independence of judges may be threatened more severely than traditional judges due to the mechanical nature of their development, and the conscience of judges may no longer exist. In addition, A.I. judges will still have the inherent liability problems of A.I., and the possibility of replacing them with A.I. judges is even less likely when considering the existing roles of judges, such as judging values and reflecting the times. In the real world, the idea of being judged by a machine could create a public backlash, and lawyers would no longer be able to characterize their profession. Despite these limitations, we should not dismiss the debate, but rather discuss it more as a society to come up with alternatives and prepare for the upcoming changes.