法律科技产业化的法律问题及限制寻租对公共选择的重要性

Ji Y. Son
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摘要

两千多年来,哲学家和科学家们一直在努力寻找人类如何聪明思考的答案。人工智能是创造模仿人类智能的机器的一个研究领域,为此,利用科学技术准确把握人类智能思维的机制是很重要的。在这样一个过程中,人类的学习能力、解决问题的能力、处理非常大量变化和复杂的信息和数据的能力以及推理能力的过程已经被部分识别出来。在此基础上,认知科学的研究主要围绕四个方面展开:人道思考、理性思考、人道行动和理性行动。人工智能的研究已经从研究人类理性和像人类一样思考和决策的角度,融合到法律人工智能研究领域。此外,还形成了一个叫做法律技术的领域。因此,在法律人工智能研究中出现了形成“法律科技”(Legaltech)产业的动向,在现有的法律领域也能看到相应的反应。一个是关于法律技术使用的法律公平水平,另一个是从法律技术实际上取代律师工作的角度来看的法律问题。在本研究中,第二部分考察了人工智能与法律技术的现状,第三部分分析了法律技术服务和2021年宪法法院判决的法律问题。最后,在第四章中,将审查寻租限制对Legaltech的意义和重要性,并寻求法律问题的解决方案。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal Issues of Legaltech Industrialization and the Importance of Limiting Rent Seeking to Public Choice
For more than 2,000 years, Philosophers and scientists have been trying to find answers to how humans think intelligently. Artificial intelligence is a field of study that creates machines that mimic human intelligence, to this end, it is important to accurately grasp the mechanism of human intelligent thinking using scientific techniques. In the midst of such a process, the process of human learning ability, problem solving ability, ability to process very large amounts of changing and complex information and data, and reasoning ability has been partially identified. And, based on this information, research in cognitive science is developing around four aspects: Thinking Humanly, Thinking Rationally, Acting Humanly, and Acting Rationally. Research on artificial intelligence has converged into the field of legal artificial intelligence research from the perspective of research on human rationality and thinking and making decisions like humans. Furthermore, a field called Legaltech was formed. As such, as legal artificial intelligence research shows a movement to form an industrial area called Legaltech, a reaction in the existing legal area is also visible. One is the level of legal fairness regarding the use of legaltech technology, and the other is legal issues from the perspective that legaltech technology virtually replaces the work of lawyers. In this study, the current status of artificial intelligence and legal tech is examined in II, and the legal issues of the legaltech service and the 2021헌마 619 Constitutional Court decision are analyzed in III. Finally, in IV, the meaning and importance of rent seeking restrictions for Legaltech will be examined, and solutions to the legal issues will be sought.
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