지능정보사회 법체계의 정합성 제고를 위한 입법 과제 — AI 기본법과 실증특례 간 절차적 중첩 조정을 중심으로 —

초록

The enforcement of the AI Basic Act in January 2026 raises questions of legal coherence in relation to the demonstration special exception regime under the Smart City Act. Approval of a demonstration special exception relaxes specifically designated regulations within a defined scope and duration; the conduct-based obligations under the AI Basic Act—including transparency notification, risk management, human oversight, and user protection—must nonetheless be continuously observed throughout the lifecycle of AI system operation. This Article proposes a model of “procedural coherence,” under which materials submitted during the demonstration special exception process serve as compliance evidence under the AI Basic Act, restricting duplicative document submission and investigation. Classification as high-impact AI must be assessed individually according to intended use, degree of automation, scope of affected users, and potential impact on fundamental rights. Exceptions to the joint investigation principle must be constrained by necessity, subsidiarity, and minimality; the “urgent concern” exception must be confined to cases where an objective probability of serious harm is established on concrete facts. This Article further proposes that data governance mechanisms be incorporated into proposed legislation to prevent personal information infringement and trade secret disclosure arising from the combination of smart city data.

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