"Pre-Revision AI Textbook Approval Notice by Presidential Decree"... National Assembly Raises 'Procedural Illegality' Issue

"Was It a Textbook at the Time of the Certification Announcement?"
Concerns Raised Over Exceeding the Scope of Delegation by Higher Law

The Ministry of Education conducted the certification announcement for AI (Artificial Intelligence) digital textbooks before the revision of the presidential decree, raising concerns about 'procedural illegality.'

According to the 'Review of Illegality of Certification Book Classification Notice, etc.' requested by Go Min-jung's office of the Democratic Party of Korea to the National Assembly Legislative Research Office on the 15th, the National Assembly Legislative Research Office stated, "According to Article 29, Paragraph 2 of the Elementary and Secondary Education Act, AI digital textbooks were included in the scope of textbooks prescribed by presidential decree only after the revision of the presidential decree (No. 33829) on October 24, 2023," adding, "there may be questions as to whether the AI digital textbooks, which were the subject of the certification book classification notice and certification announcement in August 2023, qualified as textbooks."

Furthermore, it stated, "The certification book classification notice related to AI digital textbooks and the subsequent certification announcement conducted in August 2023 pertain to AI digital textbooks that were not included in the scope of textbooks defined by the law at that time, so there is a possibility that this exceeded the scope of delegation of the higher law or violated its limits."

Demonstration of the Artificial Intelligence Digital Textbook (AIDT). Provided by Yonhap News.

In response, Go's office also pointed out, "The Ministry of Education classified AI digital textbooks as certification books on August 23, 2023, and announced the certification implementation on the 31st," adding, "The problem is that at that time, AI digital textbooks did not have the status of textbooks."

According to Article 6 (Certification Books) of the presidential decree 'Regulations on Textbooks,' certification books are defined as textbooks for subjects designated and announced by the Minister of Education. However, the Ministry conducted certification on AI digital textbooks that did not have the status of textbooks, which is procedurally illegal.

Ko Min-jung, Member of the Democratic Party of Korea. Photo by Kim Hyun-min.

The National Assembly Legislative Research Office also added in the relevant materials, "If the notice is considered an administrative rule supplementing laws and regulations with external binding force, the external effect may be denied if it exceeds the scope of delegation of the higher law."

Representative Go emphasized, "Lee Ju-ho, Deputy Prime Minister for Social Affairs and Minister of Education, committed procedural illegality without batting an eye to introduce AI digital textbooks," and added, "At the hearing on the 17th, we will thoroughly investigate the legality of the AI textbook certification process and hold those responsible accountable."