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Regulating Artificial Intelligence

  • Public Land Law Review
  • Abbr : KPLLR
  • 2021, 93(), pp.217-243
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : February 1, 2021
  • Accepted : February 22, 2021
  • Published : February 25, 2021

Kwang-soo Kim 1

1서강대학교

Accredited

ABSTRACT

Artificial intelligence is an important means to show a qualitative difference from other machines in that it replaces human perception and computational abilities. Currently, large corporations and several countries are making large-scale investments, seeing AI technology as the core of their industrial competitiveness. There is no limit to the field of use of artificial intelligence, and its capabilities are expected to be endless in the future. Based on the impact of AI on the game of Go, we can predict the future impact of the development of artificial intelligence on society and communities. First, even if artificial intelligence develops, the current social system is not expected to be greatly affected for the time being. Because artificial intelligence is a machine, it is a tool that can be used by humans and is not a competitor to humans. Second, the computational power of artificial intelligence affects the technological development of Baduk. Third, the development of artificial intelligence requires a new code of conduct. Because Go players are tempted to win the game by using artificial intelligence without their opponents' knowledge, policies to properly prevent and control this are necessary. In this article, the necessity, legal structure, and important issues related to the regulation of artificial intelligence are reviewed. Artificial intelligence has a great impact in that it replaces human cognitive and computational abilities by machines, and in that the development of artificial intelligence technology and its application fields are rapidly spread along with the development of science and technology. The role of administration is important to increase the usefulness of artificial intelligence and reduce potential harm. The administration should also function as a facilitator for the development of artificial intelligence technology, but there should be no shortages in its activity as a monitor to prevent infringement on the rights and interests of the people. As for laws related to artificial intelligence, autonomous laws centered on large corporations are important, and national regulations also have a larger space for use of soft laws such as guidelines rather than acts. Algorithms, which are the methods of operation of artificial intelligence, are based on their own rules. The codes that organize them are similar to laws, but because of their concealed nature and anonymity, they are different from national laws formed by congressional procedures and promulgated to the public. Care should be taken to ensure that ruled by law is not ruled by code. The administration has already carried out a significant part of the investigation, diagnosis and regulation using artificial intelligence in the areas of road traffic, taxation, punishment, education and health, and it is expected that there will be more and more applications of artificial intelligence in the future. The protection of privacy and non-discrimination are required and monitored by the state against large AI companies. However, when the state directly uses artificial intelligence to conduct administration, care must be taken not to infringe on the rights and interests of the people themselves. When the number of tasks and disputes related to artificial intelligence increase, a national organization that is responsible for dealing with them should be established. The 4th Industrial Revolution Committee, which is currently organized, focuses on the development and application of artificial intelligence, so it is evaluated that it is not enough as an institution for regulation such as protecting the basic rights of the people and ensuring transparency of algorithms. In the future, an independent and efficient agency on artificial intelligence should be established in Korea.

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* References for papers published after 2023 are currently being built.

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