민사전자소송에서 리걸테크의 활용에 관한 연구

Abstract

Electronic litigation is a combination of civil litigation and electronic systems. Electronic litigation consists of e-filing, e-case management, and e-court room. In Korea, electronic litigation is operated in accordance with ｢Act on the Use, etc. of Electronic Documents in Civil Litigations, etc.｣, and the proportion of electronic litigation in civil case in 2021 is 97.3%. On October 2019, the Supreme Court established a next-generation electronic litigation promotion team and aims to complete the next-generation electronic litigation system construction project in the second half of 2024.
 Meanwhile, LegalTech is a term that refers to a new legal service industry that combines legal and technology, and has recently attracted a lot of attention.
 It is difficult to accurately measure the stage of development of science and technology, but the most advanced legal technology tools at the current stage are actively used in the fields of tax law, labor law, and patent law. These legal fields have independent, bureaucratic, and technical characteristics. However, it is not limited to this, but legal technology tools are also used in ordinary daily life such as traffic accidents.
 Nevertheless, due to the technical limitations of Legal Tech, it is expected that it will be able to function as a kind of very competent lawyer rather than complete automation. Most llegal technology tools are expected to operate within the paradigm of cognitive computing defined by human-machine collaboration. The development of legal technology tools in the United States is closely related to the adversarial system of civil litigation, and the system in which the parties take the lead in collecting evidence at the stage of pre-trial discovery can be seen as the background of the competitive development of the legal technology industry.
 In civil litigation in Korea, the formation of the contents of the trial is based on adversarial system, but in terms of the progress of the lawsuit, inquisitorial system is adopted so that the court takes the initiative to lead the hearing. In other words, the use of legal technology is likely to depend on the judgment of the court and the decision of the legislator, so there will be a limit to the size of the legal technology market to grow like the United States. If there is sufficient means of collecting evidence between parties, such as discovery system in US, the legal technology industry can take a leap forward.