양자컴퓨터 시대의 법적 과제

The United Nations (UN) designated the year 2025 as the “International Year of Quantum Science and Technology,” signaling the increasing centrality of quantum computing in the advancement of science and technology. Quantum computing, which leverages the quantum mechanical principles of superposition and entanglement, represents a computational paradigm that significantly exceeds the capabilities of classical computing. It is anticipated that this technology will generate profound transformations across various sectors, including science, industry, and society at large. In particular, the legal domain is expected to be substantially affected by such advancements, as quantum computing offers promising applications in case law analysis, contract evaluation, litigation forecasting, and dispute resolution. The integration of quantum computing with artificial intelligence is likely to further expand its utility in legal practice. By enabling the simultaneous processing of numerous potential outcomes, quantum computers may facilitate the resolution of complex legal issues involving multiple stakeholders. For instance, in cases such as eBay v. MercExchange before the United States Supreme Court, where the court must evaluate and balance competing considerations, quantum computing may offer a novel analytical framework capable of generating optimized legal solutions. Nevertheless, the emergence of quantum computing raises a number of significant legal and regulatory challenges. Most notably, its capacity to undermine current encryption protocols poses a fundamental threat to data security. As decryption becomes increasingly feasible, ensuring the protection of sensitive data will require the development of new technical, legal, and policy safeguards. Copyright law is another area in which the disruptive potential of quantum computing is expected to be particularly pronounced. Due to its high-speed processing power, quantum computing could enable large-scale replication and transformation of existing works while also generating highly creative and complex outputs. This may render the distinction between human-authored and machine-generated content increasingly ambiguous, thereby raising difficult questions concerning authorship, the scope of copyright protection, and the allocation of legal responsibility. Consequently, existing copyright frameworks may need to be revised to address emerging challenges regarding the criteria for legal protection, identification of responsible parties, and recognition of authorship. As the same time, quantum technology could also be utilized to develop enhanced mechanisms for copyright protection, thereby introducing what may be termed a “quantum paradox,” wherein the same technology enables both infringement and protection. Furthermore, the deployment of quantum computing in the legal field necessitates careful attention to issues of transparency, accountability, and algorithmic bias. The inherent opacity and indeterminacy associated with many artificial intelligence systems may also manifest in quantum algorithms. In response, the development of Explainable Quantum Computers (EQC) has been proposed as a means to enhance interpretability, thereby strengthening the legitimacy of legal decision-making and facilitating the assignment of responsibility in cases of system malfunction. From a regulatory perspective, efforts to address these challenges are already underway in various jurisdictions. Examples include the European Union’s ｢General Data Protection Regulation｣ (GDPR) and the Republic of Korea’s ｢Framework Act on Artificial Intelligence｣. The GDPR, for instance, affirms the right of data subjects to receive information about automated decision-making processes, while Korea’s ｢Framework Act on Artificial Intelligence｣ mandates the disclosure of the criteria and principles underlying AI-generated outcomes. These legal instruments are poised to provide normative foundations for ensuring transparency and trust in the future application of quantum computing. However, given the anticipated scope of its impact, more sophisticated and precisely calibrated regulatory frameworks will likely be required. In summary, quantum computing represents both an unprecedented opportunity and a source of novel legal risk within the legal domain. Addressing the multifaceted challenges it presents, including improvements in legal reasoning efficiency, the protection of personal data and intellectual property, and the assurance of algorithmic fairness and accountability, will require an integrated legal, technological, and institutional response. Crucially, such efforts must transcend mere technological regulation and contribute meaningfully to the enhancement of access to justice in the digital age.