이루다 1.0에서 ChatGPT까지: 전환적 기술발전에 대한 법체계의 대응에 관하여

When rapid technological advancements occur, existing legal systems may attempt to delay or hinder these advancements, create uncertainties, apply laws excessively or insufficiently, or become obsolete. Particularly, when the development of emerging technologies brings about transformational changes to humanity on the scale of the Agricultural or Industrial Revolutions, the long-term impacts on the redistribution of wealth and opportunities can be profound. The way a legal system responds to such changes can determine the success or failure of a civilization. Although it is too early to draw definitive conclusions, the accelerated development of General-Purpose Artificial Intelligence (GPAI), catalyzed by the release of ChatGPT in November 2022, is increasingly seen as a transformative technological advancement, presenting new challenges for legal systems. However, unlike other countries, we have experienced the social controversy and subsequent suspension of the Chatbot Lee Luda 1.0, which is based on transformer architecture and fundamentally similar to ChatGPT, just three weeks after its release in January 2021. This event led to investigations and sanctions by the Personal Information Protection Commission, prompting partial new interpretations of personal information protection laws and ongoing related disputes. At this critical juncture, where the design of a legal framework to address the challenges posed by transformative technologies like GPAI is urgently needed, this paper aims to identify the core elements required for legal systems to respond effectively to such advancements. In comparison with the adaptive efforts made so far in response to the non-transformative technological advancement represented by Chatbot Lee Luda 1.0, the following key elements are essential for addressing future transformative technological advancements: First, ensuring technological neutrality and flexibility. Second, shifting from a rule-based approach to a principle-based approach. Third, transitioning from an ethics-focused to a safety-focused perspective. Fourth, establishing regulations centered around interoperable standards. By systematically addressing these elements, the paper concludes that the societal changes brought about by transformative technologies like GPAI cannot be adequately addressed by merely adapting existing legal frameworks incrementally. Instead, a fundamental paradigm shift in legal systems is necessary. Consequently, this paper presents specific policy agendas for the reformation of legal systems.