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KISDI Premium Report

Title Methods of arranging laws in the age of artificial intelligence
Author Won-jun Jeong ·Ji-won Seon· Jeong-eon Kim Hit 249
Journal KISDI Premium Report Vol. KISDI Premium Report 19-07
Language KOR Pages 1-42
  • Abstract
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Recently, artificial intelligence (AI) has demonstrated evolved self-control capabilities to the extent that strategy patterns can be acquired by self-reinforcement learning even when only certain rules are provided without entering basic data. However, AI may cause an unintended result or a result contrary to the intended result due to autonomous thinking, inference, and judgment. As a result, various legal issues are raised such as the locus of legal responsibility for the behavior of AI, restrictions on industrial use due to an empty rule, and ethical issues caused by social acceptance.
Accordingly, this paper reviewed and analyzed the issues raised by the development of AI in the existing legal norms and the new legal issues identified in each individual area. To promote AI, this study proposed improvement tasks for consideration regarding the rearrangement of laws as follows, based on review and analysis.
First, efficient legal system rearrangement is required to facilitate technology development and promote industry. As such, it will be necessary to enact special laws to facilitate AI technology development and promote industries, and to rearrange the basic laws to cope with the various issues caused by AI.
Second, rational discipline plans need to be sought to respond to new legal issues by sector. The proper distribution of profits and responsibilities for innovative creation in each individual sector is likely to be a key issue.
Third, safe and reliable AI ethics should be established before applying legal regulations for social acceptance. Application by each procedure and actor will be important, such as displaying the phases from AI technology design to actual service use in a diagrammatic form.
Fourth, interdisciplinary research needs to be implemented and the operation of a labeling and registration system needs to be supported to resolve the legal uncertainties occasioned by the unpredictability of AI. In particular, legal effects need to be differentiated according to detailed technology classification, because subjectivity and the locus of responsibility will be transferred from human to system depending on the level of AI autonomy.
When rearranging laws in the era of AI, a one-directional re-arrangement toward relaxation of the regulations is not desirable. Rather, it is essential to make the regulation system flexible in order to strike a reasonable balance between promotion from the technological and industrial perspectives and rational regulation. In addition, it is necessary to create a regulation roadmap in advance for comprehensive and systematic discussion, because the legal issues surrounding AI raise various points of issue across technology, industry, and society.

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