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Artificial intelligence-based technology and relief

  • Public Land Law Review
  • Abbr : KPLLR
  • 2019, 85(), pp.231-258
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : January 31, 2019
  • Accepted : February 15, 2019

Kwang-soo Kim 1

1서강대학교

Accredited

ABSTRACT

In order to take the lead in the competition of artificial intelligence technology development, each enterprise is fiercely contesting. Reflecting this trend, related research papers are being exploded in the field of law. The contents of this study range from analyzing various laws for the promotion of artificial intelligence industry and suggesting alternatives to introduction of regulation on artificial intelligence. This article briefly introduces the current state of artificial intelligence and explains the development of science and technology applied to it and the change of the legal system that regulates it. Especially, I would like to explain legislation for the development of autonomous vehicles, drones, and medical devices using artificial intelligence, and their interpretation and operation. The reasons why government plays an important role in the development of industries applying advanced science and technology are as follows. First, the government should create a platform for the information and communication field and provide core services that can enable application apps and services. It is hard to expect smooth development without guaranteeing the construction and continuity of the infrastructure by the government even in the environment where each company is leading business. Second, the latest science and technology is guaranteed by normal rule of law. The government can properly control the disturbances in the market, so that each actor can establish a framework for pursuing his own interests without harming the interests of other actors. Third, the government can play a role as a promoter of advanced science and technology development. By investing government resources in high-tech science, we can activate research and accelerate the development and commercialization of related technologies. It is also the government's responsibility to conduct long-term tasks that are difficult for individual companies to undertake and to set the direction of technology development to protect the basic rights of the people. And the government can provide a source of ICT based on it as a holder of big data. Thus, the government still plays an important role in the development of artificial intelligence and its underlying science and technology. However, due to the rapid change of technology and the necessity of flexible response, a new method of regulation that has not been seen before has emerged. In the past two years, there have been many articles analyzing the development of high technology and the emergence and operation of the legal system supporting it. This article is basically focused on finding a legal system that promotes the development of advanced science and technology. Therefore, I will first explain the legislation related to the development of advanced technologies such as autonomous vehicles, drones and medical devices based on artificial intelligence, analyze the effects of these advanced technologies on people's fundamental rights, and examine legal measures to minimize harmful effects. Artificial intelligence-based applications of science and technology have some characteristics that distinguish them from conventional regulations. First, it is an out-of-law phenomenon. The emergence of a new industry means the emergence of a new field that was not previously planned by the legal system, so at first the buds of development grow regardless of legal support or regulation. In other words, the value is first recognized in the market and investment is made first. However, if the related field has any form of information and the theory and technology are socially recognized, there is no applicable method for this field, so a proper discipline method is needed. Exceptional regulatory measures, such as regulatory sandboxes, provisional permits, conformity certifications and local special zones, illustrate this. In the new technology field, it is necessary to analyze the risks of the safety of the people with new technologies and to prevent the problems of securing the competitiveness of the industry by promoting the development of the technology. Securing competitiveness and prioritizing the development of the industry may miss control of the risks inherent in the technology. On the other hand, there is a concern that excessive regulation with priority of safety will prevent new technology and development of useful machines. Therefore, both the development of industry and the security of the people should be properly harmonized.

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