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Issues on The Regulation of Artificial Intelligence

  • Public Land Law Review
  • Abbr : KPLLR
  • 2018, 81(), pp.279-310
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : January 31, 2018
  • Accepted : February 24, 2018

Kwang-soo Kim 1

1서강대학교

Accredited

ABSTRACT

Artificial intelligence has emerged as a variable that has had a profound impact on each part of our society in just a few years. Articles and issues related to artificial intelligence are published on the Internet almost every day, and it is common to explain future changes in connection with the development of artificial intelligence. The discussion on artificial intelligence is linked to various sectors of society. This article can be broadly called 'artificial intelligence and administrative law' or narrowly called 'artificial intelligence and regulatory law'. The purpose of this study is to examine how the regulatory law will develop in the social and technological environment in which artificial intelligence is emerging rather than artificial intelligence itself. The following questions are asked in this article. First, does artificial intelligence discussion mean a new stage in history? Second, does evolution of artificial intelligence bring about changes in the theory of law and practice? Third, what is the impact of artificial intelligence development on regulatory laws? Fourth, how is artificial intelligence expected to change the future of mankind in the long term perspective, and what is the regulatory response to it? We may not be able to give satisfactory answers to the above questions at this time. However, I will try to convince you that this is the time to seriously contemplate the above questions and to tell you that it is time to prepare answers for these questions. It is a suggestion to continue this discussion by solving the above problems through this article. In this paper, after introduction, I explained the artificial intelligence age and the change of regulation environmen(Ⅱ), the aspect of artificial intelligence regulation(Ⅲ), the regulatory implication of artificial intelligence(Ⅳ), the effect of artificial intelligence regulation on administrative law theory(Ⅴ), the artificial intelligence regulation as a long-term task(Ⅵ) and the conclusion in order. We sense that new information technology that utilizes artificial intelligence will not be far from the days of our society, such as transportation, medical services, legal services, and market analysis. The laws and regulations of the artificial intelligence era require new principles and regulatory methods that were not seen in the past. Even if artificial intelligence develops, the role of civil servants is not lost because the algorithms that make them possible are made by scientists and experts. However, the way of activity and regulation are different. The regulation based on artificial intelligence and its concrete form will become concrete through constant discussion and process. However, there is a fair consensus that such a period will come soon. When regulations that utilize artificial intelligence become more common, there is a possibility of significantly reducing inefficiency and trial and error caused by the regulation that preceded conventional intuitive and political judgment. On the other hand, if the developed technology is applied incorrectly, the damage caused by it will be incredible and it will be difficult to correct it easily. Therefore, we should carefully examine the way in which new technology works to create conditions for making technology that can be used purely for human well-being and peace. The regulation of the artificial intelligence age can be developed through rational calculation and prediction. On the other hand, the development of artificial intelligence contributes to rationalization of the regulation and efficiency improvement. The Electronic Government Act introduces the concept of information technology architecture and opens the possibility of regulation using artificial intelligence algorithm. Like other technologies, artificial intelligence technology is also approaching people as a duality of opportunities and crises. In developed countries such as the United States and Japan, discussions are active, but we are relatively late. I hope this article will be of some help in discussing this topic.

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This paper was written with support from the National Research Foundation of Korea.
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