A Research on a Humanoid Robot from the perspective of the Constitutional Law : Focusing on Constitutional Issues and Regulatory and Support System in Legislative Law Areas

Artificial intelligence(A.I.), which has been regarded as a collection of intangible data, is attempting to manifest its physical form by being mounted on a humanoid robot with an appearance similar to an actual human. It is predicted that an era of physical A.I. will soon arrive. It is also anticipated that a humanoid robot will transform a structure of our future society and thus have a significant impact on all aspects of human life. From the perspective of the Constitution, which guarantees the basic rights of citizens and composes the nation, it is necessary to maintain continuous interest in the flow of these changes in reality. A future envisioned by a humanoid robot prompts a consideration and exploration of how much further the existing realm of constitutional law should extend into new constitutional issues. A proliferation of humanoid robots has a ripple effect on the constitutional system of basic rights protection. It supports human convenience in various ways while challenging human autonomy and humanity, while also provoking questions about the dignity of human beings themselves. The fundamental issues of A.I. such as the risk of infringing on a right to privacy, a right to personal data self-determination, information disparity, and data discrimination, can also be amplified and exacerbated along with humanoid robots. Furthermore, the proliferation of humanoid robots could bring changes to the way the constitutional system operates, influencing the public opinion of citizens, and could accelerate a transition to a pluralistic political structure. It could stimulate the redesign of existing representative and direct democratic system and contribute to enhancing the efficiency of national administration, On the other hand, there is also the risk of politically over-representing mainstream and dominant opinions or undermining deliberative democracy. In this way, humanoid robots, which could become a new constitutional reality in the future, evoke both expectations and concerns. Therefore, there must be practical efforts to establish a subordinate normative system that reflects the constitutional spirit and value, while simultaneously maintaining regulation and support. Regarding the establishment of a subordinate normative system, it is necessary to maintain a constitutional perspective as the highest norm, and the following points should be emphasized. First, while maintaining a human-centered perspective of the Constitution, it is necessary to continuously consider to what extent we can grant humanoid robots a certain level of constitutional status and the subjectivity of constitutional rights as technology advances. Secondly, in preparation for the possibility that humanoid robots may cause harm to humans after their widespread adoption, we need to broaden the scope of the state's obligation to protect fundamental rights under the Constitution and the theory of the right to safety. Additionally, it is necessary to re-examine the constitutional discussions regarding the third-party effectiveness of existing fundamental rights. Thirdly, the establishment of a regulatory and support system for humanoid robots should be reviewed from both soft law and hard law perspectives. This will be realized through the formulation of subordinate legal norms, including the consolidation of existing relevant laws, the enactment of new laws in the form of basic laws, and the subsequent addition of individual laws. These efforts should reflect the spirit, principles, and purposes of the highest norm, the Constitution.