The government has prepared a roadmap for overhauling laws, institutions, and regulations to promote the use of artificial intelligence (AI) and reduce side effects to a minimum. A total of 30 maintenance tasks have been drawn up through the joint ministries of relevant ministries, and the AI legislation reform was initiated with the aim of enacting the’Basic Data Act’ that clarifies the concept of data and participants in the first half of next year.
On the 24th, the Ministry of Science, ICT and ICT and the Office of State Affairs Coordination confirmed a roadmap for reorganization of the AI legal system at a state affairs inspection and coordination meeting presided over by the Prime Minister.
AI is expected to contribute to creating new added value, innovating existing industries, improving people’s living convenience, solving social issues, and improving overall economic efficiency. However, there are also concerns about countermeasures against adverse functions such as unfairness in data and algorithms, widening gaps between classes, and rapid changes in the employment structure.
The Ministry of Science and ICT has thus operated a legislative organization and collected additional experts’ opinions to derive 11 areas and 30 maintenance tasks.
Kang Gang-hyeon, the head of artificial intelligence-based policy of the Ministry of Science and ICT, said, “With AI’s unique technological characteristics and rapid development speed, we have carried out a comprehensive and preemptive maintenance to overcome the gap between new technologies and old systems.”
“We have prepared a legal system reform plan to suit our situation by reflecting the results of analyzing the domestic legal system and overseas legislative trends, and in harmony with the global trends.” We wanted to present a milestone for regulatory reform.”
■ The first task of improving the AI legal system… Enactment of the Basic Data Act
The government selected the enactment of the Basic Data Act as the first task to improve the AI legal system. The Basic Data Act is a law that clarifies the concept of data and who participates in the data, and regulates the government’s responsibility to activate data payment.
Legislative discussions began with a bill initiated by Representative Seung-rae Cho of the Democratic Party along with the current National Assembly. Although the 3rd Data Act was revised in the last 20th National Assembly, there were many opinions that additional legislation is needed to lead the data economy by using data, which is the foundation of artificial intelligence, as a core resource for national innovation.
An official from the government said, “It is a judgment that the legislation needs to be supplemented and additional deficiencies need to be discovered to revitalize the data industry.” “In addition to the addition of the provisions of the existing laws, a basic legal system is needed.”
In the case of the Personal Information Protection Act, it is limited to personal information, but it is explained that a comprehensive legal system for other data information is needed. Accordingly, the legislative discussion between relevant ministries is underway.
In addition to the Basic Data Act, legislation to utilize data according to individual industries is also promoted.
■ Transparent algorithm, the legal personality and responsibility of AI
The direction of autonomous management of AI algorithms is being discussed. Discussions are underway with related ministries such as the Korea Communications Commission. It is a method of inducing the establishment of a system to evaluate the bias and errors of the algorithm rather than the legislative form.
The plan is to prevent the dysfunction caused by the bias of the algorithm, while preventing the company’s AI development from shrinking.
It also discusses whether or not the subject of rights for AI creations is recognized. It is a policy to start thinking about AI’s intellectual property rights and review future civil and criminal law revisions. This was set as a long-term task.
A discussion about the actions that AI makes on behalf of people also begins. For example, if damage occurs after AI signs a contract, unexpected victims may occur. Accordingly, it will consider whether to amend the Civil Law in consideration of compensation for damages caused by AI and relief of rights for crimes.
It is a policy to strengthen education for developers and users regarding the ethical standards of artificial intelligence that were confirmed at the general meeting of the 4th Industrial Revolution Committee on the 23rd.
■ Improvement of AI utilization system for each industry
AI is already widely used in medical fields such as new drug development. In particular, as the first AI medical device licensing standards were established in Korea, the policy is to lead the international standards in this regard.
It will also promote a plan to expand the scope of health insurance coverage through reevaluation of AI medical technology effectiveness.
The finance field is the field in which AI adoption and use are most active. Although the benefits can be increased, concerns over financial accidents and investment losses are also high.
Accordingly, the’digital signature evaluation accreditation system’ is operated to judge the reliability of private certificates. Financial-related safety will be reinforced by preparing guidelines for sharing information on abnormal financial transactions between financial institutions and expanding information sharing.
In the field of autonomous driving, we focus on regulatory innovation that can use AI. The autonomous vehicle sector follows the already established roadmap, and autonomous ships will prepare a new regulatory innovation roadmap next year.
■ Reorganization of the legal system in the field of AI applied society
The government plans to establish a legal basis for introducing AI into the administration. Accordingly, the basic administrative law is expected to be enacted. A procedure for relieving administrative rights due to AI errors is also prepared.
We are also starting to think socially about the rapid job change, which is considered the biggest adverse function of AI adoption.
In particular, it is a policy to revise laws and regulations for the application of employment insurance for platform workers, which emerged due to the acceleration of digital transformation, and to consider ways to improve occupational safety and health.
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In addition, for the digital inclusion policy, which is becoming more important with the introduction of AI, related legislation is being promoted with the goal of the second half of next year.
Director Kang Gang-hyeon said, “The task discovered on the roadmap is a plan to derive specific legislation and amendments. Next year, we will organize the second artificial intelligence legislative organization to discover new projects.”