In the intelligent information society due to the development of science and technology, artificial intelligence is no longer a stranger, but a part of our society, and this is the same in the field of public administration. Since law is a reflection ...
In the intelligent information society due to the development of science and technology, artificial intelligence is no longer a stranger, but a part of our society, and this is the same in the field of public administration. Since law is a reflection of social order, it is one of the important tasks of modern law to include the situation of the 4th Industrial Revolution centered on artificial intelligence into the legal system.
However, the traditional area of law centered on humans is unfamiliar with artificial intelligence that rejects human intervention, and in the case of automatic administrative decisions by artificial intelligence, there is a high possibility of conflict and contradiction with the traditional administrative law system. For this reason, the administrative law system should make efforts for gradual transformation in preparation for the era of artificial intelligence administration, and its basic direction should be consistent with democracy and the rule of law, which are recognized as fundamental principles and values of law.
Article 20 of the General Act On Public Administration in Korea also legislatively accepts artificial intelligence administration by explicitly stipulating completely automatic disposition. However, it must be based on the law and only allows binding dispositions in which discretionary judgment is not recognized, so it is not a general permission, but a limited permission, which can be seen as due to the consideration of the rule of law. Nevertheless, individual laws are still lukewarm about accepting automatic disposition, and the legal system also has many regulations that contradict or conflict with automatic disposition, revealing many legal issues in the administrative law system.
First of all, it is reasonable to limit it to binding dispositions in terms of the problem of the application area, but it is questionable whether the traditional discussion on the distinction between binding dispositions and discretionary dispositions can be applied to automatic disposition, considering the characteristic that artificial intelligence has autonomy through the ability to learn on its own.
The second is the issue of administrative procedures, it is clear that administrative procedures are an important factor in realizing the rule of law, but traditional procedural legal regulations are practically difficult for automated administration based on algorithms. In particular, in automated administration based on artificial intelligence, securing transparency in administrative decisions is more important than simply procedural guarantees, so it is necessary to reorganize procedural legislation considering the characteristics of artificial intelligence.
In the case of administrative relief, even in the case of automated administrative decisions, there is no particular problem in recognizing the nature of the disposition in relation to the possibility of administrative litigation. However, the application of negligence responsibility, a traditional framework for liability for damages, is a major factor that makes it difficult to remedy rights in artificial intelligence administration. The ultimate goal of the administrative law system is administrative relief, and there is a great need to improve the administrative relief system that can faithfully operate on automated administrative decisions based on artificial intelligence.
Artificial intelligence is an irresistible trend today, and the law cannot ignore it.
However, since the law based on justification cannot be buried in the scientific and technological characteristics of artificial intelligence, efforts are needed to bring artificial intelligence into the world of law to harmonize with democracy and the rule of law, which are the fundamental values of law.