하버마스의 법이론과 인공지능

With the inclusion of provisions related to automated administration in the 「General Act on Public Administration」, interest in artificial intelligence (AI) has grown in the field of administrative law. Despite the increasing need for interdisciplinary research on AI, there has been insufficient academic research in this area. In light of this concern, this article examines AI from the perspective of Jürgen Habermas's legal theory, who belongs to the second generation of the Frankfurt School. Although it is hard to find direct mentions of AI in Habermas's works, he shows his view on technology in general through the concept of “technology as ideology.” Habermas’ legal theory provides valuable insights for regulating AI. Key concepts in Habermas's legal theory, such as “public sphere” (Öffentlichkeit), “lifeworld” (Lebenswelt), “system” (System) “communicative action” (kommunikatives Handeln), and “discourse theory” (Diskurstheorie), offer various implications for legal regulation of AI. First, it is necessary to ensure that artificial intelligence does not contribute to the colonization of lifeworld by system. To achieve this, a critical perspective should be taken towards the utilization of artificial intelligence solely as a tool for achieving economic efficiency. Second, artificial intelligence should be designed to contribute to the expansion of the public sphere. To achieve this, there is a need for legislative frameworks that facilitate public discourse in areas such as artificial intelligence regulation, legislative process, and risk communication. Third, it is necessary for artificial intelligence to enhance communicative rationality in order to safeguard lifeworld. To accomplish this, efforts should made to enhance the communicative capabilities of individuals with disabilities and the elderly, achieve a balance between communicative rationality and instrumental rationality in cost-benefit analyses, and foster public-private collaborations based on communicative rationality in the research and development of artificial intelligence.