인공지능과 헌법

Abstract

Artificial intelligence (AI) is a technology that represents the 4th industrial revolution. AI, designed as a technology for realizing human natural intelligence, is being used in various fields. There is growing concern that the use of AI will increase threats to human life, such as unemployment, invasion of privacy, distribution of false information, intensification of discrimination and infringement of consumer rights. AI provides both benefits and risks to humans. AI can be associated with a variety of fundamental rights. First, from the perspective of the right to self-determination of personal information, the risk of AI being used as a monitoring tool is increasing by strengthening the collection and use of personal information. The possibility of AI infringing on the right to self-determination of personal information can be resolved through the introduction of a human rights impact assessment system or a duty to explain. Meanwhile, AI is criticized for reproducing and reinforcing discrimination. The bias included in the data or algorithms used by AI is creating bias in judgment or prediction through AI. In order to strengthen the transparency of AI, it is necessary to solve the problem of discrimination caused by AI by introducing a system such as an audit. In addition, the risk of infringing consumer rights by products using AI is also subject to criticism. In relation to the infringement of constitutional rights by a third party in the field of AI, it is necessary to utilize the legal logic of the right to seek protection of constitutional rights from the state or the legal effect of constitutional rights on third parties. Through this, sanctions against the perpetrators and remedies for the victims should be provided at the same time. In relation to AI, which is both a benefit and a risk, it would be desirable to seek alternatives through the harmony and balance of conflicting constitutional rights.