온라인 분쟁해결(ODR)에서 인공지능(AI)의 민사법적 구현 - 온라인 조정절차에서 AI 챗봇· AI 조정인 도입방안을 중심으로-

초록

Recently, there has been a discussion on the introduction of AI technology to ODR. If AI technology is introduced to ODR, automated dispute resolution may become possible without human intervention between the parties to the dispute. In this paper, various integration methods of ODR and AI are reviewed, beginning with an overview of ODR and AI. Subsequently, a comparative legal analysis of AI chatbot-based ODR is conducted, focusing on: ⅰ) the JIA (Judiciary Information Assistant) chatbot system used in the New Jersey courts in the United States, and ⅱ) AI chatbot-based ODR in Australia, China, and Korea. Through this discussion, it is explored how the JIA (Judiciary Information Assistant) chatbot system can be adapted to fit the ODR context of our country. The AI-based ODR implementation plan was discussed focusing on the introduction of an AI-based chatbot system to the online mediation system. First, i) the rationality of the online mediation system introduction plan was reviewed, and ii) the incorporation of an AI-based chatbot system into the online mediation system was also attempted and proposed. Furthermore, iii) the procedural implementation plan of the online mediation system with the AI ​​chatbot system incorporated was discussed and implemented. Through these discussions, it was concluded that in order to overcome the bias problem that is a limitation of the online mediation system that incorporates AI chatbots and AI mediators, the introduction of MAF 2022 is reasonable. In addition, ii) ethical issues that may arise in this system were pointed out, and iii) the possibility of personal information exposure and leakage in this system was also raised. In order to overcome the previously reviewed personal information exposure and leakage issues in the online mediation system that incorporates AI chatbots and AI mediators, i) a personal information protection plan by incorporating the German DMail system is relatively reasonable as a short-term measure for this system. As a long-term measure, ii) a personal information protection plan by introducing a public blockchain is reasonable, and a specific introduction plan has also been presented.

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