인공지능 투명성 규제에 대한 비판적 고찰 - EU AI법 투명성 의무 조항 분석을 중심으로 -

The lack of transparency in artificial intelligence(AI) can lead to unpredictability and opacity in decision-making processes, raising concerns regarding the reliability and accountability of AI systems.. As a response, regulatory discussions aimed at ensuring AI transparency have been gaining momentum. Recently, the European Union(EU) became the first in the world to enact the Artificial Intelligence Act(AI Act), imposing stringent transparency obligations. Similarly, South Korea has introduced the AI Framework Act, establishing a comparable regulatory framework. However, the concept of ‘transparency’ has inherently been employed in the public sector to ensure administrative fairness and democratic procedures. Therefore, transparency regulations on private enterprises should only be justified when an overriding public interest necessitates such a restriction on fundamental rights. This paper systematically examines the concept of AI transparency in the private sector, categorizing it into three types—data transparency, algorithmic transparency, and disclosure obligations—based on AI operational processes. Furthermore, it critically analyzes the necessity and justification of AI transparency regulations in the private sector. The EU AI Act’s transparency provisions are significant in that they establish a systematic framework for objectively assessing transparency principles. However, several limitations remain. In terms of data transparency, ensuring the quality of training data or verifying regulatory compliance remains technically challenging. Excessive disclosure obligations may also pose risks to trade secrets and corporate competitiveness. Regarding algorithmic transparency, the intrinsic opacity and complexity of AI systems may prevent disclosed technical information from providing meaningful insights to stakeholders, potentially undermining corporate incentives for innovation. Additionally, disclosure obligations require clear labeling of AI-generated content, but their implementation may impose substantial costs and technical burdens. Furthermore, imposing stringent content-filtering requirements on AI service providers could raise concerns about potential infringements on freedom of expression. Given that AI technology is still in its early stages of development and that its long-term societal impacts remain uncertain, a more pragmatic and effective approach would be to encourage voluntary accountability mechanisms rather than imposing rigid legal mandates. From this perspective, this study analyzes the concept and limitations of AI transparency regulations, focusing on the EU AI Act, and underscores the need for a more cautious approach in future regulatory design.