디지털, AI 시대의 헌법 = Constitutional Law in the Age of Digital/Artificial Intelligence

다국어 초록 (Multilingual Abstract)

Ⅰ) This study examines, in the era of digital transformation and AI, the concept of the constitution and the contents of the constitution, such as fundamental rights, various constitutional principles, and the principles of democracy. Ⅱ) We looked as existing efforts of discussion such as the European Declaration on Digital Rights and the European Union's AI Act. Digital and AI have both benefits and shadows. But we need to brighten the future. Ⅲ) Firstly, we need to have a good sense of direction. The following guidelines can be set as priorities: 1. Facing the digital age, 2. Putting humans at the center(human-centric), 3. Expanding universal values and fundamental rights, 4. Human solidarity (republican principles, etc.), and 5. Responding to risks (securing the right to safety). Ⅳ) Secondly as more specific, disparate ways to brighten the future, we think that it is necessary to do the following: 1. actively interpret the Constitution, 2. maintain sustainable constitutional principles, and develop their application. 3. About the fundamental rights, (1) derivation to find new aspects of fundamental rights brought about by the utilization of digital and AI is important, and the issue of the effect of fundamental rights between private persons (so-called horizontal effect) will become more important in the digital era. This is because it is crucial for the relationship between private companies leading the digital industry and their workers and the issue of personality rights protection against, for example, the defamation by deepfakes. (2) Specific fundamental rights, including human dignity, human-centered digital rights, the right to safety, the right to digital equality, digital literacy, the right of freedom(secret and freedom of private life, property rights, etc.), the right to information(right to self-determination of personal data, right to digital access etc.), the right to disconnection (le droit de la déconnexion), which is the right to rest outside of working hours without being ordered to work, the right to prevent monopolies on digital platforms in the labor market, the right to employment security, etc., we need to consider the ways to ensure that they are better protected by digital utilization. 4. We explored ways to obtain the true will of the people in a democracy in the digital age, and discussed the effective use of digital and AI in the functioning of government organizations(legislature, executive, judiciary). 5. It is necessary to activate more regional self-governance through the use of SNS. 6. It will be required to prevent the digital monopolies that threaten the ‘free market economic principle’. Ⅴ) We examine the issue of constitutionalization of digital rights. Ⅵ) There is a need for active legal education, legal research that actively responds to the development of science and technology, and the continuous succession of legal researchers as next generation. Ⅶ) In the utilization of digital and AI, humans should lead in the center and bring about the continuous development of the fundamental rights and the basic constituional principles.