The Study on the CRIMINAL Subject and Liability of AI Robots

Abstract

In the midst of the advancement of cutting-edge science and technology, the wave of the fourth Industrial Revolution that has come to the front, there are new types of crime that have not been seen before. The advent of such a dangerous society also results in changes in the role and function of the criminal Law, so the change and the modification of the preexisting criminal theories are called for. This paper also focuses on this point. Especially, the main focus is regarding whether to recognize the criminal identity of the Artificial Intelligence robot and the measure to impute criminal responsibility to it which can be called as the leader of the fourth industrial revolution. At first, regarding whether or not to recognize the criminal identity of the Artificial Intelligence robot, I examined whether it was acceptable or not on the basis of theoretical views that affirm the criminal ability of a corporation. Through these discussions, I could confirm that this frame of thought that only the natural person can have the ability of acting and responsibility should be broken, if Artificial Intelligence robots become recognized as criminal identity later. Next, I point out the there is no legislation in Korea yet in preparation for accidents which caused by Artificial Intelligence robots malfunctions, although these occur frequently. So, I suggested desirable legislative direction. In addition, I examined the possibility of impute the responsibility to the manufacturer and owner related to the penal code interpretation theory, in order to cope with the emergence of strong Artificial Intelligence in the future. At present, the fourth Industrial Revolution is moving forward faster than any other in the past. Also, the development of Artificial Intelligence will further accelerate. Thus, with the change and amendment of the criminal law, fundamental changes will be required beyond the level of simple reconstruction. I expect new legislation to be devised quickly in the near future, with the support of new theories to prove the appropriateness of punishment related to accidents caused by Artificial Intelligence robots malfunctions.