자율주행자동차의 소프트웨어 고도화에 따른 법적 책임-정보의 가용성ㆍ완전성ㆍ기밀성을 중심으로-

Abstract

Along with the development of self-driving cars equipped with artificial intelligence(AI), automotive software is evolving. Protecting information becomes an important task as self-driving cars require a series of processes such as collecting, recording, and analyzing information necessary for driving, such as weather, traffic information, and road conditions, as well as personal information based on essential software and networks. In addition, it is necessary to overhaul the legal system for criminal or civil liability as well as administrative regulations under the Road Traffic Act in connection with the operation of autonomous vehicles. Compared to the development of self-driving car technology, the review and maintenance of the legal system have been minimal. In response, the company attempted to discuss in earnest the direction of the improvement of the legal system following the operation of autonomous vehicles. Various attempts are being made to improve the completeness of self-driving cars. Self-driving cars are generally automated by communication between the transportation infrastructure installed on the road and the self-driving system with software inserted. Software, which is a key element of this automation method, is a high-level information processing system, and the importance of information processing such as information collection, accumulation, processing, etc. is increasing. Under this recognition, the company reviewed various types of responsibilities, including technical authority and responsibility for the system related to the operation of self-driving cars, responsibility for illegal activities of drivers, responsibility of information providers, and responsibility for protecting privacy, focusing on software that performs core functions in self-driving systems. First, the responsibilities of manufacturing products, civil liability, and liability under the Automobile Damage Compensation Act were reviewed for issues related to the availability of information. Second, discussions related to the completeness of information were conducted on whether a preliminary system was adopted to supplement the limitations of information processing of self-driving systems and the responsibility of the information provider if there was an error in the information entered into the self- Third, issues concerning the utilization and handling of personal information collected and accumulated in the self-driving system, as well as profiling that analyzed driving history and driving history, including location information, were reviewed from the perspective of information confidentiality. Finally, it was emphasized that the commercialization of self-driving cars requires a bridge between the distribution of responsibilities through technical access and the legal system, and the readjustment of the legal system that accepts and combines the opinions of developers, manufacturers and users for social acceptance.