디지털시대의 법과 윤리의 혼탁에 관한 고찰

Abstract

The digital age has brought about revolutionary changes in human life and thinking. This change has led to the confusion that blurs the boundaries between conventional legal norms and ethical norms. In order to resolve this confusion, it is necessary to establish a new order and standard by integrating philosophical, ethical, and legal perspectives. First, a new legal framework that fits the characteristics of digital technology must be established. The existing legal system focuses on protecting physical property and tangible assets, but since digital assets are intangible, legal devices for their protection are necessary. In addition, in order to resolve ethical issues of digital technology, it is important to clearly set ethical standards and adhere to them. Ethical standards are needed to resolve issues such as bias that may arise from the use of artificial intelligence technology and privacy infringement due to big data analysis. The social contract theory of the digital age is also an important topic of discussion. New rights and obligations in the digital society must be clearly defined and protected by law. These rights and obligations must be clearly protected by law, require a new legal framework, and citizens of the digital society must protect their rights through a new form of social contract. Philosophical theories provide important insights into understanding and resolving legal and ethical issues in the digital age. Kant’s ethics is useful for establishing ethical standards related to digital behavior, especially data processing. Bentham’s utilitarianism is an important tool for evaluating digital policies. From a utilitarian perspective, the utility and ethical issues of data utilization should be evaluated in a balanced manner, which means that digital technology should be used in a way that promotes the greatest happiness of the greatest number. Foucault’s theory of power provides important insights into understanding the issue of surveillance in the digital age. Through Foucault’s theory of power, we can understand the issue of digital surveillance and seek legal and ethical approaches to resolve it. In short, the confusion of law and ethics in the digital age is a complex and multidimensional problem. To solve it, an integrated approach from philosophical, ethical, and legal perspectives is necessary. In order to respond to the ethical dilemmas and legal challenges brought about by the development of digital technology, we must establish new standards through continuous reflection and discussion, and reorganize the legal system based on these.