인공지능(AI)에 대한 법인격 부여와 법적 책임에 관한 연구 - FinTech 산업에서의 인공지능(AI)의 활용과 법적 책임을 중심으로 -

Abstract

Social change in the era of artificial intelligence (AI) presents numerous tasks of policy and institutional changes along with changes in the lifestyle and ethical and legal standards of humans living in the modern era. Recently, the rapid change to an intelligent information society based on artificial intelligence (AI), big data (Big Data), and the Internet of Things (IOT) requires not only changes in the social and economic environment, but also changes in the standards of ethical and legal judgments of existing human society. The era of artificial intelligence is an era of “coexistence between humans and artificial intelligence,” and numerous changes in policies and legal systems will lead to tremendous institutional confusion and conflict. Therefore, in order to lead a life as a modern society, it is essential to reorganize a new legal system for the coexistence of humans and artificial intelligence. It can be seen that the issue of granting a legal personality to artificial intelligence depends on the recognition of criminal responsibility and civil responsibility in accordance with the actions of artificial intelligence according to its free will. It can be seen that the issue of granting a legal personality to artificial intelligence is directly related to the possibility of mutual coexistence between artificial intelligence and humans in the artificial intelligence era. In terms of mutual coexistence between humans and artificial intelligence (AI) and continuous development of social communities, the trend of overseas legal research on the improvement of artificial intelligence-related legislation and the process of change in the legal system will be analyzed. It is necessary to derive legal theories and legal reform measures consistent with the development of artificial intelligence technology, such as granting legal personality to artificial intelligence, recognizing legal responsibility, and improving algorithms. This study proposes legal theoretical alternatives to the granting of legal personality and legal responsibility to artificial intelligence for mutual coexistence between humans and artificial intelligence in the era of artificial intelligence, and further suggests active use of artificial intelligence and legal improvement.