‘교과용 도서’로서 도입되는 AI 디지털교과서의 법적 성격에 대한 비판적 검토

This study critically examines the legal status of AI digital textbooks, which the Ministry of Education plans to introduce as ‘textbooks’ in schools starting in 2025, and proposes essential legislative considerations that the National Assembly must address. According to the Ministry of Education, all schools must adopt the AI ​​digital textbook to be introduced in 2025 as it is classified as a ‘textbook’. AI digital textbooks are expected to require more educational resources than the current print-based textbook system and could directly impact students' constitutionally guaranteed right to education, especially given the potential for privacy concerns. Therefore, explicit legislative delegation is necessary under the parliamentary reservation principle. Additionally, the scope of ‘textbooks’ delegated by presidential decree cannot be infinitely extended. It is unlikely that the inclusion of software under the presidential decree could have been anticipated, considering the traditionally limited scope of print materials and their supplementary formats. This is even more evident when viewed in relation to other laws and the literal meaning of ‘textbook’ or ‘book’. Therefore, AI digital textbooks should be classified as ‘curricular material’ rather than as ‘textbook’, which are mandatory for all schools. The National Assembly should directly define the scope of textbooks in legislation to correct the overreach of the presidential decree, adhering to the principle of statutory reservation in the textbook system. In the long term, it is necessary to review the entire system to determine whether it is desirable to maintain the current textbook system as is.