해외 주요 중재기관의 인공지능(AI) 사용 연성법에 관한 연구

초록

The enhancement of human prosperity, economic competitiveness and national security is currently recognised as being achieved through the use of artificial intelligence (hereinafter referred to as 'AI'). Consequently, countries worldwide are engaged in fierce competition to develop AI infrastructure and secure a leading position in this market. On 13 August 2025, the Lee Jae-myung administration announced 123 national policy initiatives. It demonstrates a significant commitment to the development and utilization of AI. In this context, South Korea became the second country after the EU to enact a comprehensive AI Act, entitled as “Framework Act on the Development of Artificial Intelligence and the Creation of a Foundation for Trust” (hereinafter “AI Framework Act”) in June 2024. This law came into effect on 22 January 2026. Meanwhile, on 28 June 2017, the Ministry of Justice enacted the 'Act on the Promotion of the Arbitration Industry' (hereinafter “Arbitration Industry Promotion Act”). The Act focuses on strengthening national competitiveness by developing the arbitration system as an industry and providing systematic government support to ensure that the arbitration industry becomes a future growth engine. However, discussions regarding AI utilisation strategies or institutional improvements related to the electronic arbitration system currently being developed by the Korea Commercial Arbitration Board (KCAB) are severely lacking. Therefore, this Article will examine prior domestic research on AI utilisation in arbitration in Section II. Section III of this Article compares and analyzes the composition and framework of AI usage guidelines from major international arbitration institutions, and Section IV of this Article compares and delve into the key contents of AI usage guidelines. They are intended to provide Korean arbitrators with foundational data to help them become familiar with AI usage. When arbitrators use AI from multi-national corporations for arbitration purposes, they are considered as mere users rather than AI service providers, and are therefore not required to comply with the obligations imposed on the latter. Nevertheless, to safeguard the independence, prudence, impartiality and third-party status of the arbitrator, using AI for research, document review, error detection, document formatting, language review and improvement may be permissible. However, AI should not be used for assessing evidence, applying law to facts or drafting the reasons for the arbitral award. As mentioned earlier, therefore, the Korea Commercial Arbitration Board (KCAB) needs to establish AI usage guidelines referencing the soft law of foreign arbitration institutions. Furthermore, if the KCAB were to introduce AI into its electronic arbitration system, it would qualify as an AI service provider. However, current law and decree, such as the AI Framework Act and its Enforcement Decree, do not encompass arbitration within its scope. Even if the AI Framework Act does not classify the KCAB as a high-impact AI service provider based on its utilisation of AI, the KCAB should still establish its own guidelines as soft law. Moreover, integrating AI into the electronic arbitration system to enhance efficiency will significantly reduce dispute costs for Korea's SMEs and mid-sized companies, in addition to the inherent advantages of arbitration, such as confidentiality and a single-instance system. It is expected to provide a revolutionary turning point in boosting industrial competitiveness. Therefore, the KCAB must not only introduce an electronic arbitration system, but also lay the groundwork for one capable of utilising artificial intelligence.

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