변호사법상 비밀유지권에 관한 연구 - 생성형 인공지능 프로그램을 사용하는 변호사가 아닌 자를 중심으로

초록

Generative artificial intelligence programs are transforming legal practice. Many legal tech companies are incorporating generative AI into their services, and there is much discussion regarding the utilization of non-legal tech generative AI programs in legal work. These attempts are not limited to legal professionals; non-legal professionals are also attempting to use generative AI programs to conduct legal reviews. There have been instances of seizures involving conversation records from generative AI programs, suggesting that investigative agencies are attempting to ascertain intentions, such as criminal intent, by examining prompts. Search and seizure of generative AI records are expected to become more frequent. The attorney-client privilege and work product protection are set to be introduced into Korean law through legislation via Article 26-2 of the Attorney-at-Law Act, scheduled to take effect in 2027. But it is unclear whether this legislation will apply to reviews conducted by non lawyer using generative artificial intelligence programs. Therefore, prior to the enforcement of the amended Attorney-at-Law Act, it is necessary to review in advance how the aforementioned law will be applied in the generative AI context.

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