인공지능 기술의 기본권 침해 대응 방안 연구

Abstract

Artificial intelligence (AI) is widely used in various fields in modern society and plays an important role in making human life convenient. AI technology collects and analyzes data to generate information and automates various decision-making processes based on this, making life more convenient. However, there is a growing concern that AI technology may infringe on constitutional basic rights, as it may violate personal information or cause algorithmic bias. In particular, there is a risk that personal information may be collected or used without consent as AI technology processes large amounts of data, which can threaten the right to self-determination of personal information guaranteed by the constitution. In addition, if AI algorithms learn biased data and make decisions that are disadvantageous to certain groups, it can infringe on the right to equality and equal opportunity. If the automated decision-making process based on AI is opaque and difficult to understand, it can be difficult to protect individual rights, leading to the deepening of social inequality. Privacy infringement by AI is also an important issue, as AI can monitor individuals' every move using technologies such as facial recognition and location tracking, seriously threatening the privacy and freedom guaranteed by the constitution. The right to access information is also facing new challenges due to the development of AI, as digital divides may occur, preventing certain groups from accessing essential information, or algorithms may block certain information, limiting the right to access information and freedom of expression. In conclusion, the spread of AI technology involves complex and serious potential infringements on constitutional basic rights. To prevent these risks, it is necessary to ensure transparency in the process of processing personal information by AI technology and to secure fairness in the automated decision-making process. In addition, legal and technical responses to strengthen privacy and access to information are essential, and through this, fair and transparent use of technology should be achieved throughout society to prevent AI technology from infringing on human dignity and freedom. Countries around the world are developing response measures to these risks. The European Union has established a centralized regulatory system that applies strict regulations to high-risk AI systems to protect citizens' basic rights, while the United States adopts a flexible approach that emphasizes self-regulation and innovation. Korea needs to balance technological innovation and the protection of basic rights while also developing a comprehensive and flexible AI regulatory framework. Currently, Korea's AI-related laws focus on data protection and personal information protection, but a comprehensive regulatory framework is lacking. To address the constitutional issues that may arise in the rapidly changing AI environment, it is necessary to establish a comprehensive regulatory framework. When designing a Korean regulatory model, a risk-based approach should be based on strengthening personal information protection, securing transparency and explainability, and establishing institutional mechanisms. In addition, AI regulation should be made effective through algorithm impact assessment systems and procedures that ensure social consensus and participation. This will enable the safe use of AI technology and the establishment of social trust, and will also allow for the development of a flexible regulatory framework to respond to the rapidly changing technology environment.