인공지능기본법과 개별 법령 간 체계정합성에 관한 공법적 고찰

The Framework Act on Artificial Intelligence, enacted under the jurisdiction of the Ministry of Science and ICT, can be evaluated as holding the status of a general law encompassing comprehensive and macroscopic AI policies at a pan-governmental level, as well as programmatic legislation at the national level. However, apart from this status, the diverse and trans-boundary utilization of AI, which exerts explosive ripple effects across the nation and society, continues to cause significant disruptions to the existing legal system and generate new regulatory demands. Therefore, it would be an overly optimistic outlook to assume that the enactment of a single Framework Act is sufficient to respond to the complex changes in the legal landscape surrounding AI and the various challenges arising from them. Although the AI Framework Act was enacted in a situation where separate regulations on AI have not yet been fully established within individual statutes, it broadly encompasses very detailed regulations and promotion measures related to AI; thus, it must resolve the issue of securing systemic coherence with the regulations of individual statutes to be enacted in the future. In this regard, the AI Framework Act establishes regulations such as ‘Scope of Application (Article 4)’ and ‘Relationship with Other Acts (Article 5)’ in its General Provisions, while providing deeming provisions regarding measures under individual statutes in relation to ‘Responsibilities of Business Operators related to High-Impact AI (Article 34)’ in specific sections. However, since regulations under other individual statutes covered as High-Impact AI are still largely insufficient, it is expected that new legislative tasks will continuously emerge regarding how to establish the relationship of application between the AI Framework Act and individual statutes as the potential for AI utilization in individual sectors further develops. In the somewhat complex legislative landscape surrounding AI, the AI Framework Act must effectively perform the role of a pivot point for the AI regulatory framework as a type of ‘Bridging Legislation,’ in addition to its status as a general law. To this end, it is essential to make efforts to systematically and clearly establish the relationship of application through delicate coordination in the legislative process, such as actively subsuming regulations under other individual statutes regarding AI into the regulatory structure of the AI Framework Act or explicitly excluding them, as well as utilizing deeming provisions.