A Study on automated Administrative Decisions and Due Process by Artificial Intelligence Algorithms

Abstract

With the development of science and technology, the administration is increasing the number of fully automated administrative dispositions by automatic electronic systems without public officials' expressions or intervention based on artificial intelligence algorithms and big data in mass administrative procedures. Article 20 of the Framework Act on Administrative Law Affairs stipulates that fully automated administrative actions can be administered by a fully automated system based on the law, but it is emerging as a legal task for legislators to regulate the requirements and limitations of fully automated administrative actions and securing procedural fairness in individual laws. It is also necessary to clarify the distinction between partially automated administrative actions and fully automated administrative actions by artificial intelligence algorithms, and to consider the limitations of automatic administrative decisions in discretionary and judgment areas. The German Federal Administrative Procedure Act does not provide an opportunity for hearings or an explanation of the reasons for disposal for automated administrative actions, and the British Data Protection Act prepares to object to automated administrative decisions. In this paper, legislation on fully automated administrative actions under the Federal Administrative Procedure Act in Germany, the Framework Act on Taxes, the Social Security Act, and the Battery Act, legislation on the requirements and procedures of fully automated administrative actions under the Data Protection Act in the UK, the concept of fully automated administrative disposition and the establishment and presentation of administrative agencies stipulated in Spain's 2015 Act on the Legal System of the Public Sector, Galicia's Act on Digital Administration in 2019. By considering the legal principles on the promotion of fully automated administrative decisions under the Act on the Simplification and Organizational Rationalization of Andalusia, it seeks implications for Korea as well as examines the issue of ensuring due process for fully automated administrative decisions. In particular, we discuss the application of the legal reservation principle to fully automated administrative actions by artificial intelligence algorithms, procedural guarantees and procedural fairness for fully automated administrative decisions, transparency and explainability, and algorithmic impact assessment.