자동화된 의사결정과 행정절차법에 관한 검토

Abstract

The 4th industrial revolution, in which information and communication technology (ICT) such as artificial intelligence (AI), blockchain, and big data, is emerging as a key factor in socioeconomic development around the world, is becoming a big issue. In response to the 4th industrial revolution, Korea is preparing a national development strategy. The hyper-connected era of 4th industrial revolution see an explosion in the number of data from industrial, administrative and cultural domains, and AI will be able to learn this data on its own, replacing human labor, as well as performing intellectual judgment functions. Many countries have begun to apply AI to their administrative domains, and Korea has also laid its legal basis in the Basic Administrative Act to utilize an AI-based administrative system. Accordingly, artificial intelligence is being used even in the administration of each country, and Korea has also prepared the basis for the Basic Administrative Act to use the increasingly automated system for national administration. As such, many countries are introducing automated systems to their administration and expanding the scope of decision-making by automated systems. In this situation, it is necessary to review administrative (dispositions), which is an important concept in administrative action. Therefore, this paper will discuss the concept and rationale for automated decision-making based on the Framework Act on General Act On Public Administration, fully automated decision-making, legislative cases in major foreign countries as a comparative study, and issues under the Administrative Procedure Act.