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A Study on Artificial Intelligence Legislative Methodology - Focusing on EU AI Act -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2024, 12(4), pp.155-182
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : November 6, 2024
  • Accepted : November 24, 2024
  • Published : November 30, 2024

Kwon, Oh-Min 1 Dong Hee Kim 1

1국가보안기술연구소

Accredited

ABSTRACT

Artificial intelligence (AI) is highly regarded as a technology that can be used in all fields such as industry, government services, national security, and defense in each field, and each country is working to strengthen national competitiveness by preempting AI technology. On the other hand, AI has the technical characteristics of identifying and judging human information by learning a large amount of information, so many people are concerned about ethical issues or infringement of privacy rights. Therefore, in order to solve the problems derived from AI, each country has come up with various legislation and policy measures, but there are many difficulties in forming a legislative system. Nevertheless, the EU succeeded in enacting the "Artificial Intelligence Act (AIA)" for the first time in the world and adopted a "risk-based approach" to form the EU's own AI legislative system. This "risk-based approach" was determined through the EU's "pre-legislative impact assessment" and was carried out in the form of detailed analysis and evaluation of the AI regulatory environment and various legislative directions. In addition, the EU did not devise a new system only for AI legislation, but adopted a method of applying the legislative framework (NLF) applied to the existing EU safety product regulation. As a result, a legal system has been established to remove redundancy or gaps in regulations on AI-related products, and the stability of economic activities in the EU market has been secured. Meanwhile, the EU's AIA agreed on ethical principles between member states before AIA legislation to establish a regulatory system centered on basic rights and laid the foundation for reflection in AIA. To this end, AI ethics guidelines and evaluation tools were developed, and resolutions on member states' ethical obligations were adopted. Therefore, in this paper, the legislative methodology, ethical obligations, and legal principles of AIA were analyzed, and directions that could help domestic AI legislative methodology were suggested.

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