다문화사회에서의 형사사법절차상 A.I. 사법통역지원 시스템 활용 확산 가능성에 대하여

Abstract

The purpose of this paper is to stress the importance of safeguarding fundamental and protective rights for those who are socially marginalized in criminal proceedings, and to examine the introduction and necessity of legal AI technology in relation to language interpretation difficulties by presenting discrimination cases involving immigrants in criminal justice and execution procedures. Particularly, the author explores the possibility of employing AI to render judgments and broaden its application in relation to the language interpretation challenge in judicial proceedings affecting ethnic minorities. Through an analysis of the legal-tech industry in the United States, the author discusses the possibility of using artificial intelligence interpreters and proposes the introduction and use of new legal artificial intelligence technology.
 The author explores the possibility of using artificial intelligence interpreters, analyzes cases and support systems in the United States, and presents directions to be pursued. Guidelines or protocols that reflect discussions such as whether interpreters can arbitrarily conduct interpretations and inform judges about potential problems caused by cultural differences are discussed by the author.
 At present, the sole focus of discussion in Korea pertains to the enhancement of simple interpretation support, in regard to the protection of fundamental rights and defense rights for foreigners in judicial proceedings. However, the author emphasizes the use of artificial intelligence interpreters as ‘cultural mediators’ who understand and accurately explain subtle language expressions based on cultural differences on behalf of immigrants who may be vulnerable to legal responses due to language.