자동적 처분에 대한 통제 수단으로서의 알고리즘 영향평가

Abstract

The Framework Act on Administration, scheduled to take effect in March 2021, provides an explicit basis for fully automated administrative decisions by introducing the concept of ‘automatic disposition’ in Article 20. Traditionally, the ‘automation of administration’ was significant as an auxiliary administrative procedure consisting of automatic mechanical devices such as traffic signal transmission, tax, and utility bill calculation. Moreover, since automated administrative decisions using artificial intelligence (AI) technology are also included in this automatic disposition, there is room for legal acceptance of automated administrative decisions based on artificial intelligence algorithms that exceed the level of conventional computerization or partial automation. However, it is still a long way from implementing a fully automated administrative decision system based on current law and having technical and institutional safety devices for it. On the other hand, the Framework Act on Intelligent Informatization, which took effect in December 2020, introduced a new ‘social impact assessment’ for intelligent information services that have far-reach effects on citizens’ lives. According to Article 56 of the Act, the main goal of this impact assessment system is to investigate and evaluate the impact of intelligent information services on society, economy, culture, etc., disclose the results, reflect them in policies, and directly recommend appropriate measures. Since the scope of intelligent information services subject to evaluation is not limited to the private sector, it should be considered that intelligent information services in the administrative sector can also be subject to social impact assessment in this article. It is reasonable to assume that automatic administrative services by artificial intelligence system belong to a wide range of intelligent information services prescribed by law, and that automatic disposition issued as a fully automated system based on intelligent information technology can also be subject to social impact assessment. Although no provisions have been found in law to assess the impact of automated administrative decisions, the government of Canada has implemented the “Directive on Automated Decision-Making” since April 2019, which systematically regulates the automated administrative decision-making system. The requirement that constitutes an important axis of this directive is the ‘algorithmic impact assessment'. For an automated administrative decision-making system that bears relatively stricter legality and public responsibility than private companies' services, it is necessary to process and operate an impact assessment that reviews safety, transparency, and solidity in advance. In this paper, referring to the Canadian case, as a control system of the algorithm-based administrative decision-making system, I propose the institutionalization of the “algorithmic impact assessment” in consideration of the connection with the social impact assessment under the current law.