The Application of AI in Criminal Justice and the Realization of “Justice of Prediction”: Contemporary Challenges and Opportunities of Legaltech

서지정보

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초록

Considering the advancement of AI technology and societal interest, it is highly likely that AI systems will be applied in the field of criminal justice as well. This suggests the potential for the utilization of various legaltech and is expected to lead to significant institutional changes. In the legal domain, as various artificial intelligence programs begin to assist with judicial decision-making, the practical definition of criminal justice will ultimately come to be defined by “the Justice of Prediction”. This means that the definition of criminal justice will depend on how sophisticated and accurate the predictive technologies of AI are in their programming and application.
AI will play a central role in enhancing the efficiency and qualitative improvement of legal predictions. This paper aims to review the current state of two areas of legal prediction in our criminal justice system: judicial prediction and crime prediction(in particular, the prediction of recidivism). It also seeks to explore strategies for realizing "predictive justice" within criminal justice and to propose the necessity for legal and institutional improvements, along with specific directions, as the legaltech industry continues to develop.
To achieve this, the paper introduces foreign cases and precedents, while also examining their limitations to proactively highlight considerations that should be taken into account as the legaltech industry develops in Korea. Specifically, the paper aims to present three practical strategies for the future development of legaltech in our country. Furthermore, it seeks to broadly propose institutional and legal improvements that can be applied to Korea by reviewing current issues and relevant foreign examples. First, the paper will propose a strategy based on the analysis of German cases, with a focus on benchmarking these examples. Additionally, it will outline specific strategies for realizing "predictive justice" through the improvement of related laws, as well as strategies for realization through perception change and educational innovation. Ultimately, the concrete implementation of the three strategies presented in this paper is expected to serve as a crucial foundation for ensuring predictive justice in the upcoming legaltech era.

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