행정의 디지털 전환에 따른 행정법 도그마틱의 도전과 대응

The digital transformation of public administration represents a pivotal feature and emergent theme within the domain of contemporary administrative law. The advent of digital administrative law will significantly transform the landscape of administrative law. The digital transformation of public administration will inevitably lead to changes and challenges in administrative law dogmatics and will have a significant impact on administrative procedure law and administrative litigation law. In the context of the digitalization of public administration, the procedural provisions pertaining to administrative decisions made by automated means (automated administrative acts) must be revised. In particular, following the introduction of Article 20 (Automatic Disposition) of the General Act on Public Administration, the provisions on automated administrative acts should be included in the Korean Administrative Procedure Act (KAPA). In this regard, it is imperative to develop provisions on prior notice, hearing, public hearing, disposal, and disposal methods. However, given the inherent uncertainty of science and technology, it is premature to directly provide for fully automated administrative acts using artificial intelligence systems in the KAPA. In light of the advancements in information and communication technology (ICT), as well as the social trends, it is necessary to revise the procedural provisions for administrative act performed by AI systems. The current procedural requirements for AI-based automatic administrative decisions are inadequate, and it is important to ensure the transparency and reliability of AI systems. Alongside these administrative reforms, the KAPA should also be amended. The current form of administrative litigation in Korea is outdated compared to similar legislation, and citizens’ rights are not effecitve protected. As the development of ICT may lead to various forms of administrative action, it is necessary to identify forms of administrative litigation that can redress them. The digital transformation of public administration is an inevitable trend of the times, and Korean administrative law scholars must immediately revise the KAPA and the Korean Administrative Litigation Act in preparation.