소송비용을 보장하는 소송금융에 관한 연구-보험자 등이 사용하는 인공지능(AI)의 불완전성에 대한 위험의 전가 문제와 소송비용을 보장하는 소송금융과 법무보험 및 부동산 권원보험의 비교를 중심으로-

Abstract

With the introduction of law schools, the number of lawyers has increased. However, a large amount of money still has to be paid to appoint lawyers. Still, due to the burden of legal costs, the majority of Koreans are not guaranteed their rights by law when they face unfair experiences. In particular, the middle class is not rich in funds, so they are burdened with legal costs. In these respects, the burden on legal costs must be reduced in order to ensure the effectiveness of court proceedings. In this reality, legal finance can be an alternative to reducing the burden of litigation costs. Recently, products that provide such legal costs by financial companies have emerged. The product uses artificial intelligence to predict the winning rate and support legal costs. Such legal financing has already spread widely in Britain and the United States. For example, Burford is one of Legal Finance Corporation. Since opening in 2009, Burford has grown to a team of over 160 located in eight offices in the US, Europe, Asia, Australia and the Middle East. With public listings on the New York Stock Exchange and London Stock Exchange, Burford is the world’s largest provider of commercial legal finance and have worked with hundreds of leading law firms and businesses. Meanwhile, harbourlitigationfunding is another of Legal Finance Corporation. When harbourlitigationfunding funds individuals or corporate claimants, harbourlitigationfunding can pay all the legal fees and disbursements over the lifetime of the claim. In exchange, when the claim succeeds and damages are awarded, harbourlitigationfunding receives a pre-agreed share of the amount recovered. If the claim does not succeed, our funding is written off, and the loss is harbourlitigationfunding’s alone. Harbourlitigationfunding can also shield clients from the risk of adverse costs. After the Event insurance cover can be purchased to manage adverse costs, own-side costs, and own-side disbursements. Funding for law firms is also available allowing them to mitigate the risk of offering contingent fees or working capital facilities to expand their practices and develop new workstreams. Therefore, this paper seeks to investigate such legal finance and derive its implications.