인공지능계약과 계약자유 원칙의 실현

Abstract

The development of artificial intelligence (AI) presents new challenges and opportunities in the realm of legal systems and contract law. In particular, concerns have been raised about the possibility of AI participating as a contracting party, which could threaten the traditional principle of freedom of contract. The principle of freedom of contract, which forms the foundation of private autonomy, guarantees the freedom of parties to autonomously decide on the conclusion, content, counterpart, and method of a contract. However, the introduction of AI into the contract formation process not only enhances efficiency in areas such as the presentation of contract terms, automated negotiations, and contract drafting but also raises issues such as the opacity of decision-making, data bias, and the infringement of personal information. The utilization of artificial intelligence in the contract formation process has the potential to limit human autonomy; however, it can also facilitate the formation of efficient contracts by complementing and expanding the principle of freedom of contract through the enhancement of private autonomy enabled by artificial intelligence. AI contracts offer efficiency and convenience but are accompanied by challenges related to ensuring trustworthiness, fairness, and accountability. To address these issues, AI governance and algorithm audits can play a crucial role. AI governance, based on limited regulation, the activation of self-regulation, and the participation of stakeholders, can promote the balanced development of innovation in AI contracts while upholding the principle of freedom of contract. Furthermore, algorithm audits can prevent distortions of the principle of freedom of contract by identifying and addressing system biases, errors, and unethical decision-making, while demonstrating the operation of fair and unbiased systems. To protect human autonomy and uphold the principle of freedom of contract in AI agreements, it is essential to establish fair and trustworthy AI systems. This will enhance trust among contracting parties and facilitate the formation of contracts freely. It is necessary to systematically analyze the limiting factors of the principle of freedom of contract that arise in the process of AI contracts. Based on this analysis, efforts should be made to explore ways to effectively implement the principle of freedom of contract in a manner that aligns with the AI environment.