독일 종업원평의회법 상 인공지능의 규율 ― 독일 인공지능-사회적 책임과 경제적, 사회적, 생태적 잠재력에 관한 조사위원회 최종보고서와 종업원평의회 현대화법을 중심으로 ―

This paper analyzes the introduction and use of artificial intelligence (AI) under the German Works Councils Act(Betriebsverfassungsgesetz). Recognizing the changes that artificial intelligence technologies can bring to various areas of society, including labor, Germany has taken a long-term view of the impact of artificial intelligence and the responses of different sectors. In 2021, the Final Report of the German Commission of Inquiry on Artificial Intelligence - Social Responsibility and Economic, Social and Ecological Potential acknowledges the limitations of the existing Works Councils Act in the introduction of artificial intelligence in the workplace and proposed a modernization of the Works Councils Act. Accordingly, the Works Councils Act was amended to strengthen the powers of works councils in the introduction and use of artificial intelligence in the workplace. The main amendments include expanding the authority of Works councils to consult with experts when introducing Artificial intelligence, clarifying the obligation of companies to provide information and the right to consult on plans to use AI, and strengthens the right to co-decide on basic guidelines for the selection of human resources by Aritificial intelligence. This is seen as an attempt to balance the two goals of protecting employee’s right s and interests and technology innovation in the era of AI. However, the study also points out the limitations of the law. The main limitations include the fact that it only applies to works councils, the insistence of German trade unions on strengthening co-decision-making on the introduction and use of AI, and the lack of a definition of AI revised in the ChatGPT Case. Despite these limitations, the German case is significant in that it clearly demonstrates the need for worker participation in the introduction of Artificial intelligence in the workplace, and enables practical participation through expert support and joint decision-making procedures. In particular, this study anayzes that the German case of amending the Works Councils Act provides important implications for the future development of relevant and utilization of Artificial intelligence in the workplace, such as lack of legal enforcement of consultation matters under the Act Concerning the Promotion of Worker Participation and Cooperation in Korea.