The 'Goddess of Justice' weighing data and humans to achieve balance. Symbolizing the need to protect consumer rights in the digital age. Graphic by Hanmi Ilbo

In a digital society, the most crucial responsibility for safeguarding citizens' rights and interests now rests with the government and public institutions. Administrative information, election systems, and social security platforms are prime examples of public systems operated under state management. 

However, when these systems malfunction or reveal security vulnerabilities, the damage is entirely passed on to individual citizens. The current structure, which burdens citizens with the responsibility of proving their damages, is unfair. Therefore, the introduction of 'no-fault liability for public systems' is urgently needed.

The current Product Liability Act is premised on tangible products manufactured by companies. However, the digital systems operated by public institutions today are essential infrastructure for citizens' lives. Errors or security incidents occurring in election management systems, resident registration databases, health insurance networks, and e-government services are not mere technical issues but directly lead to infringements of citizens' rights. Nevertheless, under current law, compensation can only be obtained if the negligence of the public system operator is proven. It is virtually impossible for an individual victim to prove liability against a large state institution.

Recognizing these issues, the European Union (EU) already imposed 'Strict Liability' in 2022 through the 'Digital Services Act (DSA)' and the 'AI Act' on systems that require public utility and safety.

In the United States, legislative discussions are underway to expand no-fault liability for 'breaches of cybersecurity obligations' by public data management agencies. Developed countries are changing their systems to prioritize and guarantee citizens' rights.

The election system, in particular, is a public infrastructure that supports the heart of democracy.

If errors occur in the voting and counting systems, or if the possibility of manipulation arises due to external attacks, this is not just a technical flaw but a crisis that shakes the very foundation of democratic legitimacy. However, South Korea's National Election Commission has repeatedly stated only that "there were no signs of infiltration." Citizens have had to rely on the Election Commission's self-verification without any mechanism to resolve their distrust. This is an asymmetrical structure of responsibility, ultimately threatening trust in democracy itself.

Administrative algorithms also carry risks.

The calculation of welfare benefits, selection of employment support recipients, and prediction of criminal risk are already being conducted based on algorithms. However, the process is opaque. Citizens are not guaranteed the right to an explanation regarding the criteria by which automated disadvantages were imposed or whether discriminatory factors were involved. In such a situation, asking victims to file lawsuits and prove negligence is unrealistic. 

Therefore, 'no-fault liability' for operators must be institutionalized for public systems.

The introduction of no-fault liability goes beyond mere compensation issues; it will significantly enhance the accountability of public institutions in system management. If liability is incurred unconditionally upon damage occurrence, institutions will have no choice but to strengthen preventive investments and transparent operations. This will contribute not only to protecting citizens' rights but also to enhancing the stability and reliability of national systems.

Through this series, Hanmi Ilbo clearly proposes points requiring national consensus. 

First, the Product Liability Act should be amended to explicitly include digital and public systems. 

Second, a separate provision establishing no-fault liability as a principle should be newly enacted for core systems operated by public institutions. 

Third, a special law-based management and oversight system should be established for systems fundamental to democracy, such as election systems.

Legislation to guarantee citizens' rights is not merely a matter of legal technique. It is the minimum safeguard for a trusted democracy and a safe digital society. Protecting citizens from damages caused by public systems is a national responsibility that can no longer be deferred.

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