인공지능의 쟁점과 규범적 대응

Abstract

Digital, led by ChatGPT, is triggering innovative changes in all areas, including politics, economy, society, and culture. It is the so-called era of digital deepening. Digital innovation brings infinite possibilities and benefits to mankind, but artificial intelligence (AI) technology or research field for realizing human cognitive, reasoning, and judgment on a computer. In this paper, we will use a mixture of artificial intelligence and AI. It is also raising various issues that did not exist in the past, such as legal personality and tort liability, product copyright, and job change. Along with the development of artificial intelligence, what is being raised is the issue of ethics of artificial intelligence. For example, if a biased algorithm such as gender discrimination or racial discrimination is inserted by an artificial intelligence robot developer, artificial intelligence robots will also have this biased idea. In this respect, it is necessary to properly establish not only the technical research of artificial intelligence but also the ethical aspect. Accordingly, major institutions around the world are making efforts to develop artificial intelligence in the right direction for mankind by establishing 23 principles called 'Asiloma AI Principles' in 2017. These issues have complex and diverse interests and are difficult to resolve due to the lack of a clear normative system, so it is necessary to improve social acceptance through the establishment of a new normative system (order). This article examines the prerequisites for establishing a practical new digital order and normative system (Artificial Intelligence's legal personality and tort responsibility, artificial intelligence's fairness and ethics principles and equality principles, artificial intelligence and judgment, artificial intelligence and jobs, artificial intelligence and copyrights), and examines the constitution and administrative law to respond to artificial intelligence. It is always important to keep in mind that “artificial intelligence cannot take precedence over the constitution and basic rights” when it comes to normative responses. Regarding the relationship between the state and science and technology, the Constitution stipulates that “the state shall endeavor to develop the national economy through innovation of science and technology and the development of information and manpower (Article 127), and the rights of authors, inventors, and science and technicians are protected by law (Article 22).” It is constitutionally declared that the state should actively plan, form, and lead in a certain direction for the promotion of science and technology directly. In relation to these constitutional provisions, the establishment and implementation of science and technology policies can be seen as an important duty given to the Republic of Korea as a democratic welfare state. Apart from private autonomy, it is urged to prepare a basic artificial intelligence law to protect the safety and basic rights of the people affected by artificial intelligence.