The rapid advancement of artificial intelligence (AI) technologies has begun to reshape judicial systems worldwide, raising critical questions about their constitutional legitimacy and the protection of fundamental rights. This dissertation examines t...
The rapid advancement of artificial intelligence (AI) technologies has begun to reshape judicial systems worldwide, raising critical questions about their constitutional legitimacy and the protection of fundamental rights. This dissertation examines the potential infringements on constitutional rights arising from the introduction of AI-based judicial systems and explores the corresponding public-law challenges, with particular emphasis on administrative law perspectives. While AI may offer benefits such as efficiency, consistency, and accessibility, its integration into core judicial functions risks undermining the principles of due process, judicial independence, and transparency.
The study begins by defining the concept and scope of AI judicial systems, distinguishing them from conventional digitalization or e-government tools. It then identifies how the deployment of such systems may affect essential rights, including the right to a fair trial, the right to a speedy and public hearing, the right to privacy and data protection, equality before the law, freedom of expression, and property rights. Particular attention is given to the structural tension between algorithmic opacity (“black box” decision-making) and the constitutional obligation of courts to provide reasoned judgments.
A comparative analysis of international developments provides valuable insights. The European Union’s AI Act classifies judicial AI applications as “high-risk” systems, subjecting them to stringent transparency and accountability requirements. The United States has grappled with predictive risk assessment algorithms such as COMPAS, revealing issues of racial and gender bias. China has advanced “smart courts” and online litigation platforms, demonstrating both the potential and dangers of large-scale AI adoption in judicial proceedings. These cases inform the analysis of Korea’s nascent discussions on AI in judicial processes.
From an administrative law perspective, the dissertation identifies key challenges: ensuring procedural legitimacy, maintaining state accountability for AI errors, securing algorithmic transparency through information disclosure, and establishing effective remedies for rights violations. Existing mechanisms—such as administrative litigation, appeals, state liability claims, and constitutional complaints—are shown to be inadequate when applied to AI-driven decisions due to difficulties in attributing responsibility and proving causation. Accordingly, the research argues for the introduction of special legal frameworks, including explicit legislative provisions on AI-assisted adjudication, independent supervisory bodies for algorithmic auditing, and a liability regime that shifts or alleviates the burden of proof for victims.
Ultimately, this dissertation contends that the adoption of AI in judicial systems must not be guided solely by efficiency considerations. Rather, it requires a constitutional and public-law framework that safeguards fundamental rights while enabling technological innovation. By synthesizing comparative legal experiences and grounding them in the Korean context, the study proposes a roadmap for establishing an “AI Judicial Basic Law” to enshrine principles of subsidiarity, transparency, accountability, and democratic oversight. Only through such institutional design can AI judicial systems operate in harmony with constitutional values and preserve public trust in the rule of law.