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Artificial intelligence legal challenges - Focusing on national liability -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2021, 93(), pp.189-216
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : February 1, 2021
  • Accepted : February 22, 2021
  • Published : February 25, 2021

KIM, NAM WOOK 1

1송원대학교

Accredited

ABSTRACT

The state and local governments have widely adopted artificial intelligence to make automatic administrative actions or administrative decisions. In other words, artificial intelligence and algorithms, which are key technologies in the 4th industrial revolution and intelligent information society, are used in the administrative law area to prevent tax evasion and tax investigation, tax evaluation and automatic refund, improve the efficiency of regulation in regulatory agencies, crime prediction and monitoring, and smart security services. And recidivism prevention, environmental crackdown, university entrance examination education administration, artificial intelligence platform self-government administration, etc. The Basic Administrative Act allows fully automatic actions by artificial intelligence to be performed for binding actions, but the use of artificial intelligence and algorithms in regulatory administration is an invasive administrative action in which the rights of the people are limited or obligations are imposed. In accordance with the reservation principle, a legal basis for administration by artificial intelligence algorithms should be established. Due to the bias and opacity of artificial intelligence algorithms, it would be difficult to prove illegal automatic administrative actions by artificial intelligence. Since it is difficult to prove the liability for negligence between the administrative decisions of AI public officials and damages, it is necessary to ease the burden of proof and the legal principle of civil war transition. Responsibility for installing and managing public structures for traffic signals is recognized by theory and precedent, and in the case of the United States, a traffic signal system that combines artificial intelligence is introduced. Therefore, the national compensation liability for artificial intelligence is imposed under Article 5 of the National Compensation Act. It is a question if you can. On the other hand, the government is planning to revise the Administrative Appeals Act in order to secure rights relief for administrative actions by artificial intelligence. In the case of administrative action by artificial intelligence, it cannot be said to be a rule of law unless a remedy for the rights of the people is in place. However, according to the current national compensation, it is impossible to claim national liability for compensation by AI and algorithms, so legislative measures are required to respond. In the following, the concepts and types of artificial intelligence, the use cases of artificial intelligence in the administrative law area of ​​artificial intelligence, and the responsibilities of artificial intelligence algorithms are discussed, and then classified into weak artificial intelligence, strong artificial intelligence, and super artificial intelligence, according to Article 2 of the National Compensation Act of Public Officials AI It examines the applicability of the national liability for compensation and the problem of the defect liability in the installation and management of artificial intelligence and algorithms, and prepares a legal improvement plan.

Citation status

* References for papers published after 2022 are currently being built.