국민의 사법 접근성 혁신과 권리 안전을 위한 법률서비스보험 도입 방안 - 법적·경제적 실현 가능성 및 한국형 K-LAC 모델을 중심으로 -

Article 27 of the Constitution of the Republic of Korea guarantees all citizens the right to a fair trial; however, the reality of the judicial system continues to act as a significant barrier to the general public due to its high-cost structure and information asymmetry. In fact, an analysis of statistics on first-instance civil litigation over the past decade (2015–2024) confirms that an annual average of approximately 71% of cases proceed as “pro se litigation” without legal assistance. In particular, the persistently high non-representation rate of 67.3% as of 2024 corroborates that economic inequality is leading to a severe polarization of judicial access, representing a structural crisis that impedes the substantive realization of the rule of law. Accordingly, this study underscores the necessity of introducing “Legal Expenses Insurance (LEI)” as a key alternative to resolve distrust in the judiciary and secure the effectiveness of citizens' right to remedy. Furthermore, by benchmarking advanced precedents in major countries, this study aims to propose an institutional solution tailored to Korea’s legal and market specificities by designing a concrete implementation model for the “Korean Legal Access Center (K-LAC),” wherein public interest and market principles are harmonized. To achieve this, this study conducted an analysis of advanced cases in major countries, including Germany's Legal Protection Insurance (Rechtsschutzversicherung) and the UK's Legal Expenses Insurance. A particular focus was placed on extensively benchmarking Japan's Legal Access Center (LAC) model, which has successfully established a transparent brokerage system through collaboration between bar associations and the insurance industry. Building upon this analysis, the proposed “Korean Legal Access Center (K-LAC)” integrates several core elements: ▲ a “4-4-4-3” governance structure (comprising representatives from bar associations, the insurance industry, public interest groups, and government/academia) to ensure public accountability and expertise; ▲ dynamic management of the lawyer pool and a fair case allocation algorithm; ▲ robust screening functions and the establishment of “reference standard fee criteria” to mitigate moral hazard; and ▲ the development of a digital platform integrating AI-based LegalTech. Furthermore, to ensure the successful implementation of the system, a specific “3-stage Phased Roadmap” is presented, progressing from “Foundation Building (Special Riders) → Niche Market Preemption (Specialization) → Comprehensive Insurance (Universalization).” In conclusion, this study asserts that the introduction of Legal Expenses Insurance represents a pivotal moment, transcending the mere launch of a cost-compensating financial product, to transform the South Korean judicial system from being ‘management-centered’ to ‘rights-relief-centered.’ The K-LAC model is envisioned as a “sustainable judicial infrastructure” that will realize “Legal Welfare” by providing legal efficacy and psychological stability to citizens. Concurrently, it aims to restore the public nature of the legal profession by generating new legal demand for lawyers and to reduce unnecessary societal conflict costs at the national level. To guarantee the feasibility of this system, specific legislative and policy recommendations are put forth, including the establishment of a new “Section 8: Legal Protection Insurance” (Articles 726-8 to 726-11) within the Insurance Part of the Commercial Code, the incorporation of K-LAC as a special legal entity, and the establishment of a financial structure based on operating contributions.