인공지능 예측력이 헌법상 통치구조의 기본적 기능에 미치는 영향과 입법적 대응에 관한 연구

The law does not anticipate changes and stay ahead of them. Instead, it prevents and resolves the adverse effects of changing times. In this process, all members come to the best conclusion through discussion and deliberation, and believe and agree to it as correct. If errors occur, the process is repeated and corrected. As society has changed and technology has advanced, the direct democracy process described above has been transformed into a representative democracy, but the essence of democracy remains the same: discussion, deliberation, and various value judgments by members. Recently, the nature of democracy is also changing with the advent of the information society. Artificial intelligence (hereinafter referred to as AI), the core technology of the intelligent information society, is leading to an era of convergence between objects and information, machines and people, and reality and virtuality. AI learns by collecting, interpreting, predicting, and utilizing data in a cycle. A key feature of AI is its predictive capabilities, which can be useful in resolving legal and social issues. More than just useful, AI's predictive capabilities are changing the nature of democracy and social paradigms. AI's predictive capabilities have positive impacts, such as near infallibility and suggesting appropriate alternatives to solve problems. However, there are also negative impacts such as black boxing, where it is impossible to know how AI came to a certain conclusion, and discrimination due to the acquisition of biased information. These impacts are not only affecting our society, but also the constitutional governance structure of legislation, administration, and judiciary. In this paper, I will raise the impact and legislative response strategies.