인공지능과 법패러다임 변화 가능성: 입법 실무 거버넌스에 대한 영향과 대응 과제를 중심으로

This article examines the impacts of the artificial intelligence technologies on the transformation or evolution of the existing legal system and seeks to draw up some corresponding tasks or issues on the improvement of legislative practice governance. For this purpose, the possibilities of transformation in the legal paradigm are examined based on the characteristics of artificial intelligence technology. In this regard, Philippe Nonet & Philip Selznick’s conceptions of responsive law have significant implications for the change. Responsive law refers to legal system as facilitators that meet social needs and aspiration. This is different from the conceptions of autonomous law that have emphasized rather formal legal authority. Response law is quite persuasive in the considerations of legal system which responses to the indeterminacy inherent in algorithms that are the basis of artificial intelligence technology. Given the responsive law paradigm, current legislative practice governance faces significant changes in demand. Relating to this problem, this article suggests four tasks such as the establishment of response system on the automation of legislative decision-making, the construction of legislative information sharing system, the institutionalization of a sustainable and expeditious legislative impact assessment system, and the preparation of legislative procedures for the joint committees’ jurisdictions. The assertion of the transition to the response law paradigm in this article is not intended to insist some kind of historical evolutionary law. This article merely emphasizes that the development of dynamic emerging technologies such as artificial intelligence will generate social risks and problems that are difficult to predict, and that it is necessary to look for legal systemic countermeasures from a long-term and close perspective.