인공지능을 통한 행정작용의 절차적 요건을 위한 예비적 검토

According to Article 20 of the General Act on Public Administration, which stipulates ‘automatic disposition’, administrative authority may now impose a dispositions using a ‘fully-automated system(including systems in which artificial intelligence technologies are employed)’ if they have a basis in individual laws. In addition, since the General Act on Public Administration does not have a precedent over individual laws, automatic dispositions can be introduced for discretionary acts. With the enactment of the General Act on the Development of Artificial Intelligence and Creation of a Trust Base, etc. on January 21, 2025 and effective January 22, 2026, artificial intelligence is now able to penetrate deeper into us. In other words, a situation has been created in which ‘automatic dispositions through AI systems’ can easily spread depending on the choice of the legislator. Furthermore, even if AI systems are supposed to play a supporting role in administrative actions, if humans become too dependent on AI systems, it is possible that they will in fact become ‘automatic dispositions through AI systems’. However, if AI systems can make the best administrative decisions, is there any reason for humans to intervene? If substantive legitimacy and validity are guaranteed, wouldn’t procedural requirements in administrative actions be unnecessary? In this way, the rapid development and spread of AI systems not only requires the establishment of administrative action procedures that are appropriate for them, but also raises questions about the independent value of administrative procedures. In this article, before providing answers to specific questions, we examine the independent value of administrative procedures as a preliminary study for this purpose. To this end, we start from the highest value of the Constitution, human dignity. We conclude that the independent value of administrative procedures can be found in the fact that administrative authority must have an ‘attitude that can guarantee individual autonomy’ when dealing with individuals, or in other words, that they must establish ‘procedures that can guarantee human dignity’. Of course, when specifying administrative procedures, it will have to be compared and weighed against other values ​​such as administrative efficiency, but even then, it must sufficiently reflect the fact that human dignity is the highest value.