인공지능의 사회적 수용성과 법제도의 기능적 관계에 관한 소고

초록

Recently, more and more people predict that autonomous intelligent objects will become commonly used in our streets, skies, homes and workplaces in the nearer future than previously expected. This means that the general use of artificial intelligence is no longer a hypothetical issue for the future but is a real and concrete issue that requires us to decide when, to what extent, and how fast it should be permitted. These issues are not just a matter of the future competitiveness and continuous growth of the country, which are assessed from an economic perspective only, but rather are becoming an essential matter that determines the sovereignty of the nation, our daily lives, and even the future of mankind. At the heart of this lies the social acceptability of artificial intelligence. This article identified that the issue of promoting the social acceptability of artificial intelligence is indeed an issue of (re)setting the law’s protecting various rights and interests, creating a social order and managing risks functions with respect to the emergence of artificial intelligence, and examined what is required from law, which functions as a pre-requisite condition in increasing the technology’s social acceptance. First, this article analyzed the limitations of the existing legal system in accepting the transformative technology into society, and examined the justifications for a shift of the existing system towards a system adaptable and responsive to changing technological environments. Next, it reviewed the types and examples of legal risks that the use of artificial intelligence could cause in the public and private sectors. Lastly, it suggested various legal measures based on the technological characteristics of artificial intelligence, its unique uncertainties, and risks it may pose to an individual and the society: shifting to a risk management-based legal system, expanding the application of principle-based regulation, creating new governance models, introducing legal tools specifically tailored for the artificial intelligence technology, and other measures necessary to support the risk management-based legal system.

키워드