고소장 자동 작성 및 분석 시스템 구축에 관한 법적 쟁점과 개선 방안

Abstract

Following the release of OpenAI's ChatGPT, interest in generative AI has increased, spurring discussions on its application in the public sector. In particular, the use of AI in the legal field, such as in drafting legal documents like complaint forms, is having a significant impact. The development of an Automated Complaint Drafting and Analysis System using generative AI technology is expected to have a considerable effect not only on the citizens and the police department, but also on the legal market. Therefore, this study analyzes the current state of legal technology both domestically and internationally, and examines the main issues related to the development of the Automated Complaint Drafting and Analysis System promoted by the police department. The issues include the utilization of the Korea Information System of Criminal Justice Services data, compliance with the Attorney-at-Law Act and the Certified Judicial Scriveners Act, and the dilemma of personal information protection and de-identification. This study proposes solutions to these issues. First, to clarify the legal foundation and maintain a balance between public interest and personal information protection, the Act on Promotion of the Digitalization of the Criminal Justice Process needs to be amended for the utilization of the Korea Information System of Criminal Justice Services data. Second, while the Automated Complaint Drafting System provided by the police department does not directly violate the current Attorney-at-Law Act and Certified Judicial Scriveners Act, the anticipated negative reaction from legal organizations should be considered. Therefore, it is necessary to explore both legislative solutions through amendments to the law and non-legislative solutions through a Memorandum of Understanding (MOU) between the police department and legal organizations. Third, to address the dilemma of de-identification, it is necessary to advance de-identification technology and regularly conduct Privacy Impact Assessments (PIA). The construction and operation of the Automated Complaint Drafting and Analysis System is a complex process involving legal, technical, and social responsibilities. Therefore, a successful implementation and operation of this system require a multifaceted institutional approach and cooperation between the public and private sectors.