인공지능(Artificial Intelligence) 환경에서 책임분배를 위한 민사책임 원리

Abstract

Artificial intelligence technology is expected to bring enormous benefits and change to human society. For example, intelligent autonomous vehicles are known to reduce accidents caused by human fault. And when the automation of various machines is realized, people are freed from troublesome work and have time to spare, allowing them to invest time in more valuable work or hobbies. Therefore, artificial intelligence technology is expected to contribute to making our society more convenient and enriching. However, the development of new technologies, such as information technology and safety technologies, was not planned under the existing legal system, so a paradigm shift in the current system is needed. In the event of an accident involving an autonomous vehicle, it may be impossible to properly respond to the existing principles of responsibility, such as who should be responsible for an accident caused by a defect in artificial intelligence technology. Also, the danger that humans who abuse artificial intelligence will harm society needs to be paid close attention at this point, as with all other technologies. Therefore, instead of hastily ensuring safety and security on these issues, we study interrelationships from various perspectives on what is wrong and what will be reviewed in the future. With regard to the liability system, the problem of traditional negligence liability cannot be applied effectively in the case of damage caused by artificial intelligence is raised. In particular, it could be seen that it was not appropriate to apply traditional fault-tolerance when controlled by artificial intelligence. At present, our liability legal system has two liability systems: a fault liability system based on the violation of the actor's duty of care and a risk system imposed on the ruler of the hazard(faultless liability, strict liability) in terms of social loss sharing. Although it is desirable to have the function of two landlords who divide the liability legal system today because the liability and risk liability have different responsibility systems, the purpose of the liability law, especially the purpose of compensation for damages, is to distribute the damages incurred in human social life according to justice. In other words, the main task is to find a reasonable balance between the victim's claim for protection from damage and the one's claim for freedom of activities to realize the public interest and determine who should attribute the responsibility. Therefore, since the development and utilization of artificial intelligence technology greatly affect the ethical, legal and social aspects of society as a whole and the mutual aspects are strong, civil liability principles are needed that can be fairly shared about the risks that may arise by rationally controlling ethical, legal and social relationships.