A Critical Study on the Use of Artificial Intelligence in Public Administration: Focusing on the Interaction Between EU Regulatory Frameworks and Innovation

Abstract

The use of Artificial Intelligence (AI) in public administration has emerged as a significant means of enhancing administrative efficiency and improving public service delivery. At the same time, AI-based governance raises new legal and institutional challenges, including algorithmic opacity, unclear attribution of responsibility, and potential infringements of fundamental rights. This study examines the tension between technological innovation and regulatory constraints in the deployment of AI within public administration. Focusing on the EU AI Act and Article 22 of the General Data Protection Regulation (GDPR), it analyzes the legal limits and control mechanisms governing AI-assisted administrative decision-making. Particular attention is given to data-intensive administrative sectors, such as tax and fiscal administration, where the opportunities and risks of AI are especially evident. The study finds that the legality and legitimacy of AI-supported administrative decisions depend on effective human oversight, explainability, accountability, and clear attribution of responsibility. From a Korean perspective, the country’s advanced digital government infrastructure and extensive use of public data create favorable conditions for the expansion of AI-driven administration. However, corresponding safeguards, including remedies against automated decisions and meaningful human review mechanisms, remain underdeveloped. Therefore, Korea should consider institutionalizing the right to request human review of automated administrative decisions, mandatory human confirmation of significant administrative determinations, and guaranteed access to in-person administrative services for digitally vulnerable groups. These measures are essential for balancing innovation and administrative efficiency with the rule of law and the protection of fundamental rights in the era of AI-enabled governance.