지능정보사회와 헌법상 국가의 책무

Recently, information technology and artificial intelligence(AI) technologies have been combined with each other, and the paradigm shift into the so-called 'intelligent information society' is being discussed in earnest. The rapid development of intelligent information technology that dramatically improves the thinking ability of human being and things such as Internet(IoT), AI, Robotics, Big data is an industrial revolution that dramatically increased production capacity by machine, It is believed to bring about an intelligence revolution that strengthens the cognitive and thinking abilities of humans and objects, following the information revolution, which has greatly improved its capabilities. Due to the rapid progress of intelligent informatization based on intelligent information technology, it can be said that the paradigm that is fundamentally changing the economic system and social structure around the world is a turning point. The promotion of intelligent informatization and the arrival of intelligent information society are demanding the establishment of a new normative system while raising new issues. As part of such preparations, it is time to seriously consider whether it is necessary to establish a new constitutional ideology or principle that meets the paradigm of intelligent information society. This paper starts from the consciousness of this problem and identifies the responsibility of the state which should be newly discussed in the intelligent information society and suggests a concrete alternative to reflect it in the Constitution. In summary, First, the intelligence information society should implement human-centered technology. Artificial intelligence technology should not undermine human subjectivity by interfering with or substituting human free consciousness and determination. Technology is a tool of human happiness pursuit, but technology can not replace human subjectivity. In no case should human beings lose their autonomous control over technology. Second, in order to secure the right of the people to work, it is necessary to determine the limit of the production of goods or services by human labor through the intervention of the labor market of the state, so that the proper allocation of income between the enterprises and the workers, It is necessary to ensure harmony between the principles of democracy and social welfare. Third, it is anticipated that it will be difficult to secure the equality of the welfare of persons with disabilities and ICT access by the provision of legal protection for the people without the ability of living in Article34(5) of the Constitution and Article10 of the Constitution. Amendments to Article34 of the Constitution and Article127 of the Constitution are necessary. Fourth, in order to strengthen social community responsibility for risk, it is necessary for the state to clearly define the responsibility of the state to establish and implement the necessary policies so that the social community can bear responsibility for the risk equitably. Fifth, if the law does not stipulate regulations such as restriction of entry into the market, prohibition of act, and so on, research and development of new technologies and provision of new services using them, It is necessary to clearly state in the Constitution the obligation of the State not to restrict or prohibit it unless it impairs its dignity and value or invades privacy.