리걸테크의 가능성과 한계 — 알고리즘이 법포섭을 할 수 있는가 —

초록

While the expectations and fears surrounding legal tech are currently preoccupying the legal community, its potential may not be as revolutionary as it seems at first glance. The actual legal process of interpreting the law and applying it to cases has limitations that cannot be overcome, no matter how far technology advances. Legal methodology has long been divided into conceptual jurisprudence and value-based jurisprudence. Value-based jurisprudence dominates the discussion. According to value-based jurisprudence, which is widely accepted in legal theory and practice today, algorithmic systems can only make causal, but not normative considerations. One reason for this is that the law itself is not fully conceptualised and is therefore an incomplete object that intentionally or unintentionally leaves room for interpretation. It cannot be used as the basis for legal judgements in a machine without additional interpretative work by the person applying it. These methodological limitations cannot be overcome even by the most advanced evaluation programmes. The solution may be to simplify certain evaluation processes within the programme in order to improve the strengths of the algorithm.

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