디지털 격차 해소를 위한 인공지능의 활용과 법제 개선 방안 — 고령자, 장애인을 위한 방안을 중심으로 —

With the development of new technologies and rapid social changes, ‘digital transformation’ is accelerating, in which digital technologies are applied in various fields and work processes, activities, and service provisions are conducted digitally. This has led to the emergency of digitally vulnerable groups such as the elderly and the disabled, and digital inclusion policies are being promoted not only in Korea but also in other countries around the world to bridge the digital divide they experience due to their lack of digital literacy. This paper examines how artificial intelligence (AI) can be utilized to bridge the digital divide and promote digital competence, focusing on the elderly and the disabled among the digitally vulnerable, and examines how to improve the legal system to realize the closing of the digital divide. The digital divide is deepening due to the characteristics of the elderly, who are more difficult to adapt to rapid social changes than younger and middle-aged people, and the characteristics of the disabled, who are more difficult to adapt to changes due to physical and mental disabilities. To bridge this digital divide, it is necessary to continue to implement policies to strengthen the digital literacy of the elderly and the disabled. In the case of the elderly, policies need to focus on increasing their digital literacy by recognizing the need for digital information utilization and exposing them to digital information utilization environments naturally. On the other hand, the disabled need to be provided with customized digital devices and digital technologies that can overcome physical limitations caused by their disabilities. For these policies to be successful, it is necessary to build trust and change the perception of digital environments and technologies among the digitally vulnerable elderly and disabled, which is a key factor in bridging the digital divide for the elderly and the disabled. In pursuing these policies, the state should implement special safeguards to promote digital access for the elderly and disabled as part of their right to benefit from scientific progress and its applications under Article 15 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), and this is grounded in Article 34(4) and (5) of the Constitution. In implementing such protective policies, the rapidly developing artificial intelligence technology can play a major role. First, artificial intelligence technology can be utilized to improve digital information access for the disabled and overcome their physical limitations. It is expected that data on physical, mental, behavioral, and linguistic characteristics and lifestyle information specific to each disabled person can be processed through learning and analysis by artificial intelligence to facilitate healthcare services, as well as communication and daily tasks. Next, artificial intelligence technology can be utilized to improve the awareness of the elderly regarding the need to utilize digital information and enhance their digital literacy. In particular, personalized care robot technology specialized for the elderly is gaining attention, and artificial intelligence data technology targeting the elderly must be developed and supported to enable the implementation of care robots. It will be difficult to develop and commercialize these AI-based technologies by relying only on the economic activities of private companies pursuing profits, and continuous support for technology and product development is required at the national and public levels. The purpose and significance of utilizing artificial intelligence to bridge the digital divide for the elderly and the disabled lies in the efficient implementation of welfare policies through artificial intelligence technology. In order to develop care robots based on artificial intelligence technology and apply customized disability support technology, it is necessary to analyze the legislation for closing the digital divide for the elderly and the disabled, and to examine the direction of improving the legislation that can be examined in connection with the utilization and promotion of artificial intelligence technology. In preparing legislation on artificial intelligence, it is requested to prepare and improve legislation that can be balanced to include contents on digital inclusion, as existing legislation on artificial intelligence is mainly focused on fostering and promoting industries related to artificial intelligence technology on the one hand, and regulating risks on the other hand. As a way to improve the legislation to bridge the digital divide for the elderly and the disabled through the use of artificial intelligence, the contents of the “Basic Bill on the Development of Artificial Intelligence and the Creation of a Trust Foundation (Alternative),” improvements to the “Framework Act on Intelligent Informatization,” and the enactment of the Digital Inclusion Act were reviewed. In terms of individual legislative improvements, this paper examined how the “Lifelong Education Act” or the “Welfare of Senior Citizens Act” could provide for the implementation of digital competency education for the elderly, and how the obligation to bridge the digital divide under the “Act on the Prohibition of Discrimination against Persons with Disabilities and Remedy against Infringement of their Right”could be extended to the private sector as a whole.