민사소송에서의 AI 알고리즘 심사

• 발행기관: 한국민사소송법학회
• 저자명: 한애라
• 간행물 정보: 『민사소송』제27권 제1호, 185~233쪽, 전체 49쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2023.02.28

영문 초록

Automated decision-making by AI algorithms is increasingly likely to cause civil liability. However, AI algorithms based on machine learning techniques are less explainable due to technical inscrutability arising from the nature of the learning methods itself, legal opacity due to protection of trade secrets or intellectual property rights, or incomprehensibility of the general public or judges due to the complexity and counterintuitiveness of algorithms, thus making its judicial review difficult. When the mechanism of an AI algorithm is at issue in a lawsuit, the question is how an opaque AI algorithm can be evaluated by experts and reviewed by a court. This article first introduces ACCC v. Trivago decision made by the Federal Court of Australia in 2020, focusing on how the experts appointed by each party presented their opinions on the AI algorithm and how the court drew its conclusion based on their opinions. It then studies issues and solutions that may arise in examining opaque AI algorithms in the Korean civil litigation procedures, making comparison with the Trivago decision. It explains basic features of Explainable AI(XAI) methods including Ante hoc methods and post hoc methods. It then points out problems of the Civil Procedure Act and Intellectual Property laws of South Korea in disclosing data necessary for the experts’ analysis on the AI algorithms and in protecting the trade secrets contained in the produced data, and makes suggestions on how to solve those problems. Lastly, it recommends a more active use of party-appointed experts in the judicial review of the AI algorithms by allowing their active participations throughout the litigation procedure in order to clarify issues and deepen the court’s scientific understanding.

목차

Ⅰ. 들어가며

Ⅱ. Trivago 사건의 개관

Ⅲ. 우리 민사소송에서의 AI 알고리즘 심사

Ⅳ. 결어

참고문헌

키워드

ACCC v. Trivago AI 알고리즘 설명 가능한 AI 데이터 개시 영업비밀보호 당사자 선임 전문가 전문가 증언 ACCC v. Trivago AI algorithm Explainable AI (XAI) disclosure of data protection of trade secrets party-appointed expert expert testimony