인공지능 과학기술과 행정법학

In this article, we analyze the impact of modern science and technology including artificial intelligence on administrative law and present its Administrative Law Tasks. To this end, first of all, the relationship between science/technology and law on which the development of artificial intelligence is based was dealt with. Science and technology deepen our understanding of nature and enrich human life by utilizing physical properties. Our lives are driven by the development of science and technology, and theories and systems related to law are also greatly affected by the development of science and technology. Natural science is fundamentally different from law, which aims at maintaining social order and realizing justice, in that it has the purpose of investigating the nature of things. Modern legal thought distinguished the legal order from the natural order and established a system of its own legal academy. Therefore, the achievements of science or technology do not directly affect legal judgment. However, science and technology are deeply permeating the modern legal system. Furthermore, although artificial intelligence is being used as a means to assist in legal decisions, it can eventually function as a decision maker and legal entity replacing humans, which means that machines can be recognized as equal to humans. However, since law is a system that regulates human society, the use of artificial intelligence must be recognized as a means to promote human well-being. Many people are coming across the discussion of artificial intelligence, but they may not be familiar with the topic of artificial intelligence law itself yet. Artificial intelligence has a great influence on the overall administrative law, including the Administrative Organization Act, the Administrative Decision Making, and the Administrative Relief. This is a new phenomenon that has not been experienced by conventional administrative law, and therefore requires a careful examination and response. We made great effort to make this issue clear in this paper. The knowledge of science and technology cannot be used as it is in law. Since the law is an order of necessity, the natural order does not act on the law as it is. However, the methodology of science is still valid in law. Science is based on reliable and verifiable data. And science must be based on empirical evidence. This method is not specific to science and can be said to be a universal principle valid for human rational activity. In the world, beliefs and claims that are not verifiable have their own functions, but you should not harm others or limit freedom of other people based on them. In other words, we cannot know all of scientific and technological knowledge, but we must borrow that method to build a valid legal order and apply it. In our society, there is a tendency to dismiss artificial intelligence as a simple technology. But as we know, artificial intelligence is a comprehensive science and technology created by the collaboration of modern mathematics, natural sciences, and computer science. The future development of artificial intelligence depends on the achievements of mathematics, quantum mechanics, and brain science. It is not necessary to know all these detailed theories and techniques well in the field of law, but it is necessary to closely observe the changes in social structure and people's consciousness that modern science and technology change and develop a legal theory that responds to them. While paying attention to the potential of artificial intelligence to improve welfare, the task of blocking its risks and enhancing human rights is also posed to law students.