과학기술을 활용한 보편적 법률복지시스템 구축 방안

국문요약 ···················································································· 1
제1장 강석구
서론 ··························································································· 7
제1절 연구의 필요성과 목적 ···································································· 9
1. 사전적·예방적 법률복지서비스의 확대 전환 필요성 ···························· 9
2. 법률복지 관념에 대한 이론적 검증 및 정책적 실천 필요성 ················ 11
3. 미래지향적·산업진흥적 법률복지시스템 구축 필요성 ························ 13
4. 연구의 목적 ······················································································· 14
제2절 연구의 범위와 방법 ······································································ 15
1. 연구의 범위 ······················································································· 15
2. 연구의 방법 ······················································································· 16
제2장 강석구 · 장철준
보편적 법률복지의 의의 ························································· 17
제1절 법률복지의 의의 ·········································································· 19
제2절 헌법과 법률복지의 관계 ······························································· 21
1. 복지국가헌법에서 법률복지의 정당성 ··············································· 21
2. 인공지능기반 법률복지의 헌법적 의미 ·············································· 28
3. 소결 ·································································································· 32
제3절 다른 관점에서의 접근 ·································································· 33
1. 사회복지와 법률복지의 관계 ····························································· 33
2. 법무정책과 법률복지의 관계 ····························································· 35

3. 법률산업과 법률복지의 관계 ····························································· 37
제4절 소결 ····························································································· 39
제3장 강석구
법률복지 제도의 현황과 한계 ················································· 43
제1절 법률복지 패러다임의 전환 ··························································· 45
1. 패러다임 전환의 필요성 ···································································· 45
2. 보편적 법률복지의 프로토타입 ·························································· 49
3. 현황 분석의 방향 ··············································································· 54
제2절 관리형 법률복지 제도의 현황 ······················································· 55
1. 관리형 법률복지의 법제 현황 ···························································· 56
2. 관리형 법률복지의 기술융합 현황 ····················································· 57
제3절 통제형 법률복지 제도의 현황 ······················································· 60
1. 통제형 법률복지의 법제 현황 ···························································· 60
2. 통제형 법률복지의 기술융합 현황 ····················································· 63
제4절 향유형 법률복지 제도의 현황 ······················································· 65
1. 향유형 법률복지의 법제 현황 ···························································· 65
2. 향유형 법률복지의 기술융합 현황 ····················································· 68
제5절 공유형 법률복지 제도의 현황 ······················································· 70
1. 공유형 법률복지의 법제 현황 ···························································· 70
2. 공유형 법률복지의 기술융합 현황 ····················································· 72
제6절 소결 ····························································································· 73
제4장 강석구
보편적 법률복지시스템의 구조 ··············································· 77
제1절 개요 ····························································································· 79
1. 시스템 구축의 목표 ··········································································· 79
2. 시스템 구축·운영의 추진주체 ···························································· 80
3. 보편적 법률복지의 영역 ···································································· 83

제2절 국민참여형 법률복지 영역 ··························································· 84
1. 데이터 관리시스템의 완비 ································································· 84
2. 과정의 기록 및 공개 ·········································································· 85
3. 참여 및 환류의 실질화 ······································································ 85
4. 익명참여의 보장 ················································································ 86
5. 법률안 분석결과의 제공 ···································································· 87
6. 법의 흠결과 공백에 대한 상시 검증 ··················································· 87
제3절 국민감시형 법률복지 영역 ··························································· 88
1. 공공데이터의 전부 보존 ···································································· 88
2. 공공데이터 임의파기의 금지 ····························································· 89
3. 국민이 동의하지 않는 법률의 효력 상실 ············································ 89
4. 고위 공직자에 대한 상시 인사검증 ···················································· 90
5. 사법판단의 검증 ················································································ 91
제4절 국민지원형 법률복지 영역 ··························································· 92
1. 대국민 복지서비스 예상내역의 개인별 제공 ······································ 92
2. 행정·사법정보의 통합 관리 및 무상 제공 ·········································· 93
3. 재산·소득의 통합 심사 ······································································ 93
제5절 국민보호형 법률복지 영역 ··························································· 94
1. 개인정보 보호의 실질화 ···································································· 94
2. 법률문제 및 사법위험의 경고 ···························································· 96
3. 범죄위험의 사전 경고 ········································································ 97
4. AI 법률조력의 보장 ··········································································· 97
제6절 국민통합형 법률복지 영역 ··························································· 98
1. 당면 공무의 국민 분담 ······································································ 98
2. 법률복지콘텐츠의 지속적 개발과 확산 ·············································· 99
제7절 소결 ··························································································· 100
제5장 강석구 · 장철준
보편적 법률복지시스템의 구축방안 ······································· 103
제1절 시스템 구축을 위한 정책방향 ···················································· 105

1. 정책의 기본방향 ············································································· 105
2. 정부 차원의 정책의제화 가능성 ······················································ 107
제2절 헌법적 고려사항 ········································································ 112
1. 보편적 법률복지를 향한 헌법적 과제 ·············································· 112
2. 보편적 법률서비스 접근권 ······························································ 116
3. 인공지능 법률복지의 헌법적 쟁점과 대안 ······································· 119
4. 소결 ································································································ 124
제3절 시스템 구축을 위한 주요 고려사항 ············································ 125
1. 주무부처로서의 법무부 조직개편 문제 ············································ 125
2. 법률복지 재원의 확충 문제 ····························································· 128
3. 법률복지 AI 사업 추진상의 우선 고려사항 ······································ 131
4. AI 안보 문제 ··················································································· 133
제6장 강석구
결론 ······················································································· 135
참고문헌 ··············································································· 141
Abstract ··············································································· 143