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법경제학연구 Ⅰ- 텍스트마이닝 기법을 활용한 대한민국 법률 분석 -
법경제학연구 Ⅰ- 텍스트마이닝 기법을 활용한 대한민국 법률 분석 - Law & Economics Research I - A Text-Mining Analysis of the Statutory Landscape in the Republic of Korea -
  • 발행일 2025-10-31
  • 페이지 185
  • 총서명 [현안분석]
  • 가격 8,000
  • 저자 최정윤, 김두얼
  • 비고 법학기초교육연구 25-05
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Ⅰ. 배경 및 목적
▶ 법과 법 관련 제도는 기술의 변화와 상호작용하면서 진화, 성장해 왔음.
○ 최근 들어 급속하게 발전하고 있는 빅데이터 분석이나 인공지능(AI) 관련 기술은 사회 전반에 큰 충격을 안겨 주었고, 그로 인해 법 영역에서도 개인정보나 지식재산권처럼 정보와 직접적인 관련을 맺는 분야뿐 아니라 모든 영역에서 이런 충격과 관련한 변화가 일어나고 있음.
▶ 기술 발전 가운데서도 AI와 관련한 법조 영역의 변화는 법 그리고 사법제도를 분석하고 개선하려는 연구 영역에서도 진행 중임. 
○ 이미 세계 각국에서는 법령 데이터베이스 또는 대규모 판결문 전체 자료를 텍스트마이닝 방식 등으로 분석하는 작업들이 활발하게 이루어지고 있고, 이를 통해 법에 대한 이해를 심화하고 사법제도 등과 관련해서 다양한 새로운 정책 방안을 제시함.
▶ 본 연구는 이런 흐름에 발맞추어 빅데이터 분석기법을 활용하여 우리나라 법을 연구하고 정책방안을 도출하기 위한 기초를 마련하는 작업임.
○ 최근 텍스트마이닝 기법과 법령정보 데이터베이스의 발전은, 과거 개별 법령에 한정되었던 연구의 범위를 넘어서 대한민국 전체 법체계의 구조와 흐름을 통시적·공시적으로 고찰할 수 있는 환경을 조성함.
○ 이에 본 연구는 대한민국 법령 분석을 위한 방법론을 소개하고, ‘인구통계학적(demography)’ 방법을 활용해서 우리나라 법령을 종합적으로 파악한 뒤, 텍스트마이닝 기반 분석이 어떻게 활용될 수 있는지 보여주는 일례로 현행법상 ‘결격사유’에 대한 분석을 제시함.
Ⅱ. 주요 내용
▶ 법령 데이터베이스와 텍스트 분석기법
○ 국가법령정보센터가 제공하는 법령정보 공동활용 Open API로부터 우리나라 법령정보를 내려받아 이것을 활용하는 방법을 개괄한 뒤, 이와 관련해서 풀어야 할 여러 가지 기술적인 문제와 해결 방안을 제언함.
○ 이상의 방식으로 구축한 데이터베이스를 활용해서 텍스트마이닝 분석을 실시하는 것을 소개하며, 이런 작업을 수행함에 있어서도 여러 가지 기술적인 문제가 있는데, 이러한 문제를 분석하고 나름의 해결 방안을 제언함.
▶ 우리나라 법의 인구통계학적 분석
○ 텍스트마이닝 분석을 적용하려면 먼저 분석의 대상을 획정하는 것이 필요한데, 이는 1948년 건국부터 오늘날까지 각 시점별로 우리나라의 법이 몇 개나 되고 조항 수나 글자 수 등이 얼마나 되는지 등을 파악하는 인구통계학(demography)적 작업임.
○ 인구통계학적 분석은 텍스트마이닝을 위한 기초작업임과 동시에 그 자체로서 우리나라 법제의 현황과 문제점을 파악하고 개선방안을 도출하는데 기여함.
○ 인구통계학적 분석은 기본적으로 1) 각 시점별 법의 수, 2) 법의 제정, 폐지, 개정 양상, 3) 법의 조항 수, 글자 수 등을 파악하는 것이며, 여기로부터 나타나는 패턴을 향후 후속작업에서 보다 심도 있게 분석하는 작업으로 진행함. 
○ 인구통계학적 분석으로 우리나라 법의 장기적 변화를 살펴보면, 1990년을 전후로 입법 양상의 큰 변화가 나타나는 것을 확인할 수 있음.
- 1990년을 기점으로 법의 수 증가율이 높아지는데, 이는 제정 법령 수의 증가에 의해 주도되었음. 이와 아울러 법령의 개정도 큰 폭으로 증가함.
- 이처럼 법의 제정과 개정이 지난 30년간 증가한 원인과 양태에 대해서는 추후 심도 있는 논의가 이루어질 수 있음. 
▶ 텍스트마이닝 분석기법의 활용 사례로서 결격사유에 대한 연구
○ 텍스트마이닝 분석기법이 실제로 어떻게 활용될 수 있는지를 보여주는 예시로, 우리나라 법률에 산포되어 있는 결격사유 조항을 텍스트마이닝을 통해 파악하고, 이 결과를 법학 연구 방법으로 분석하는 작업을 수행함.
○ 텍스트 분석 결과에 따르면 2025년 1월 1일 기준으로 우리나라 법 가운데 464개 법에 결격사유 조항이 있는 것으로 파악됨. 아울러 1990년부터 연도별로 해당 조항들을 추적해 본 결과, 결격사유 조항은 1990년 이후로 지속적으로 증가해온 것으로 나타남.
○ 국가인권위원회의 권고 등 결격사유 조항에 대해서는 다양한 문제점 지적이 있었음에도 불구하고 이렇게 지속적으로 증가하고 있다는 점은 입법과정에서 결격사유 조항이 포함되는 메커니즘에 대한 보다 심도 있는 분석이 필요하다는 점, 그리고 전체 법령을 대상으로 한 체계적인 정비과정이 필요함을 시사하며, 텍스트마이닝 기법은 이러한 작업을 효율적으로 수행하는데 크게 기여할 것으로 판단됨. 
Ⅲ. 기대효과
▶ 본 연구는 AI를 기반한 텍스트마이닝 기법을 활용하는 데 필요한 실무적 정보를 제공함으로써 향후 이러한 분석이 체계적으로 사용될 수 있는 기초를 제공함.
○ 텍스트마이닝을 실제 활용하기 위해서는 많은 기술적 문제가 있는데, 본 연구는 이런 기술적 문제들을 명확히 하고 어떻게 해결할 수 있는지를 제시함으로써, 향후 텍스트마이닝이 원활하게 사용될 수 있는 기초를 마련함.
▶ 법령에 대한 인구통계학적 분석은 우리나라 법령에 대해 텍스트마이닝 분석을 적용하기 위한 전제이면서, 동시에 이 자체가 우리나라 입법활동의 현황과 문제점을 파악할 수 있도록 함으로써, 향후 입법활동이 개선될 수 있는 토대를 제공함.
○ 인구통계학적 분석은 우리나라 법의 입법활동이 1990년을 전후로 큰 변화가 나타났음을 보여주는데, 향후 이와 관련한 보다 세부적인 연구를 진행함으로써 우리나라의 입법 활동이 보다 개선될 수 있을 것으로 예상됨.
▶ 아울러 텍스트마이닝 기법을 이용해서 결격사유 조항을 분석한 사례를 제시함으로써, 향후 텍스트마이닝을 통한 자료 수집과 텍스트 분석기법을 통한 법령의 입체적인 분석에 활발하게 활용될 수 있도록 뒷받침하고자 하였음.
○ 본 연구의 사례는 텍스트마이닝을 통해 수집한 자료가 법학적인 분석을 활용할 때 기존의 연구보다 더 포괄적이고 심도 있는 분석이 이루어질 수 있음을 제시함으로써, AI를 활용한 텍스트마이닝 분석과 전통적인 법학 연구방법이 상호보완적임을 보여주고, 이를 통해 향후 텍스트마이닝이 법률 관련 정책 연구에 보다 활발하게 활용될 수 있을 것으로 기대함.
요 약 문 ··································································································································· 5
Abstract ··································································································································· 9
제1장 서 론 / 19
제1절 연구 배경과 목적 ·········································································································· 21
제2절 연구 방법과 범위 ·········································································································· 24
제2장 법률 인구통계학과 텍스트 분석: 개념과 의의 / 27
제1절 법률 인구통계학 ············································································································ 29
1. 개념 정의 ······················································································································ 29
2. 해외 법률 통계학 연구의 계보 ····················································································· 30
3. 국내 주요 선행연구와의 차별성 ··················································································· 35
4. 소결 ······························································································································ 38
제2절 법령 데이터베이스 ········································································································· 39
1. 개념 정의 ······················································································································ 39
2. 법령 데이터베이스의 현황 ·························································································· 41
3. 소결 ······························································································································ 44
제3장 법령 텍스트마이닝과 텍스트 분석기법 / 45
제1절 웹 스크래핑과 텍스트마이닝 기법의 차이점 ··································································· 47
1. 웹 스크래핑을 통한 법령 분석 방법 ············································································ 47
2. 법령 데이터베이스 구축 ······························································································· 56
제2절 법령 텍스트 분석기법 ··································································································· 80
1. 텍스트 분석기법의 종류와 선택 ··················································································· 80
2. 선행연구 방법론의 특성과 차이 ··················································································· 84
3. 본 연구의 텍스트 분석기법 ·························································································· 90
제4장 대한민국 법률의 인구통계학적 분석 / 95
제1절 개관 ······························································································································ 97
제2절 개념 정의 ··················································································································· 100
1. 법률의 정의와 범위 ···································································································· 100
2. 법률의 제정, 개정, 폐지 ···························································································· 101
3. 법률의 효력 일자 ······································································································· 103
제3절 법률에 대한 인구통계학적 분석의 틀 ·········································································· 104
제4절 데이터베이스의 구축과 한계 ························································································ 106
1. 법령 API와 법령 DB ································································································· 106
2. 법령 DB의 문제점 ······································································································ 108
제5절 법률의 수와 증감 추이 ································································································ 112
1. 법률의 수 ···················································································································· 112
2. 법률 수의 추이 ··········································································································· 113
3. 법률 수 증감 추이 ······································································································ 114
제6절 법률의 제정과 폐지 ····································································································· 117
1. 법률의 제정 ················································································································ 117
2. 법률의 폐지 ················································································································ 120
제7절 법률의 개정 ················································································································ 123
제8절 법률의 조항 수 및 글자 수 ························································································· 127
제9절 소결 ···························································································································· 129
제5장 텍스트 분석기법의 활용과 실제: 결격사유 조항 분석 / 104
제1절 개관 ···························································································································· 133
제2절 텍스트 분석기법을 활용한 사례로서의 결격사유 ·························································· 134
1. 현행법상 결격사유의 법적 성격 ················································································· 134
2. 비교법적 분석 ············································································································· 138
3. 기존의 방법론에 따른 결격사유 조항의 분석 ···························································· 144
제3절 텍스트 분석기법의 적용과 실제 ··················································································· 147
1. 현행법상 ‘결격사유’에 관한 텍스트 분석례 ······························································· 147
2. 텍스트 분석기법을 동원한 분석의 결과 ····································································· 155
3. 법률의 연혁 분석을 통한 입법사적 보완 ··································································· 157
제4절 소결 ···························································································································· 161
   
제6장 결 론 / 165
참고문헌 ································································································································ 171
부록 ······································································································································ 179
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키워드
"인공지능(AI)" " 데이터베이스" " 텍스트마이닝 기법" " 법률의 인구통계학(legal demography)" " 결격사유"
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관련보고서 [ *이 연구보고서의 관련 저자는 "최정윤, 김두얼" 입니다.]