인공지능 알고리즘에 의한 불공정 거래행위의 법적 규제 - 공정거래법상 부당한 공동행위를 중심으로 -

Related technologies such as the Internet of Things (IoT), Big Data, and Artificial Intelligence, which are the core elements of the Fourth Industrial Revolution, are rapidly developing and being put into practice. In the modern information-oriented society, the Internet of Things (IoT) is spreading, making it possible to obtain a variety of data, and the accumulated big data is analyzed and used and utilized by artificial intelligence. Currently, artificial intelligence or algorithms are widely used in various formats, and they are becoming an important tool to determine the competitiveness of a business operator. In the algorithm-based market, price transparency increases, so consumers have more choices and competition in the market can be activated. However, in the transaction by the price algorithm, price fluctuations occur almost simultaneously and almost the same price is presented to goods and services of the same kind. As a result, prices converge to a certain level, thereby impairing the competitive function. Therefore, although algorithms promote competition, they also pose a risk that can act as a factor that promotes collusion. As such cases where prices are determined by artificial intelligence algorithms in transactions are becoming more common, concerns about the so-called digital cartel are also realizing. However, the problem with the application of the competition law to the digital cartel is that there is no human intervention at all. Therefore, it was intended to examine the possibility of legal regulation of digital cartel and the issue of responsibility distribution under the current Monopoly Regulation and Fair Trade Act(Fair Trade Act), and to present a legislative alternative. First, in order to clarify the application of the competition law and the scope of the digital cartel, the concept of the digital cartel was clarified by distinguishing it from legitimate conscious parallelism. Second, by reviewing the classification of digital cartel and looking at specific cases of digital cartel based on this, implications and necessity for regulation were derived. Third, the digital cartel shows a big difference in the traditional collusion and the subject of collusion, the concept of agreement as a means of collusion, and the problem of market definition, so there are concerns about regulatory voids that cannot be regulated by the current competition law. In addition, It is expected that in the case of damage caused by a digital cartel, the operator, manufacturer, or designer of the artificial intelligence algorithm bears excessive responsibility, or on the other hand, the victim cannot receive any compensation because no one can be held responsible. Therefore, it is necessary to introduce regulations to regulate digital cartel. Finally, in legislating the digital cartel, it is necessary to establish a legal system that does not impede the development or use of artificial intelligence, while suppressing accidents caused by artificial intelligence, and not neglecting the relief of victims. In particular, it is worth noting that what we want to regulate is the ʻcollusionʼ of the digital cartel, not the ʻalgorithm itselfʼ.