자동차관리법상의 이른바 ‘자율주행자동차’라는 것의 개념을 둘러싼 몇몇 입법과제 -민사책임 논의에 비추어-

Abstract

If a self-driving vehicle causes an accident that causes death or injury to a person while driving without human driving, who is liable for the damage? There is an active discussion about the subject of the civil liability and the applicable Act ahead of the advent of the so-called 'autonomous vehicle'(Article 2-1-3 of the Automobile Management Act). Of course, the discussion is possible only when there is a so-called 'autonomous vehicle'. However, the so-called 'autonomous vehicle' can not exist, and if it is real, it will be an ‘vehicle of auto driving type’ that is not subject of the civil liability but a self-driving vehicle. It is because the term 'autonomy' can be used only for human beings, and it can be called so-called 'autonomous vehicle', which is a subject of the civil liability and can drive itself. In this respect, Article 2-1-3 of the Automobile Management Act is absurd, and I think that the discussion based on this provision is wrong. This paper focuses on this point and has carried out some legislative issues related to the concept of so-called 'autonomous vehicles' in the Automobile Management Act at the point of civil liability. As a result, it is urgently required to revise Article 2-1 of the current Automobile Management Act, the Article 27-1 proviso of the same Act, and other related regulations.