초·중등교육 내 생성형 인공지능 도입을 위한 법률적 이슈 탐색 - 디지털기반 교육혁신방안 정책을 중심으로 -

This study aims to explore the legal issues that need to be considered in order to effectively implement the 'Digital-based Educational Innovation Plan(DEIP)' announced by the Ministry of Education in February 2023 in school sites, and to draw educational and legal implications to complement it. Based on an analysis of the DEIP, this study examined the current laws, including Constitution of the Republic of Korea, Elementary and Secondary Education Act and Framework Act on Intelligent Informatization considering the learning and evaluation stages, to identify points of consideration and limitations of the proposed legislation. The main findings of the analysis are as follows: Firstly, it was revealed that in order to embody the constitutional spirit of substantive educational equality, securing finances and legal support for the expansion of human and material resources is necessary. Secondly, it became evident that legislative enhancements for safeguarding student personal information and privacy are required during the learning phase utilizing generative AI. Lastly, in the feedback and evaluation phase, potential issues regarding the regulation of specialized artificial intelligence were identified. Based on these results, this study suggests that the enactment of a (tentative) ‘Framework Act on Artificial Intelligence Education’ is necessary before implementing the policy comprehensively.