의료 인공지능에 대한 형법적 고찰 -왓슨(Watson)을 중심으로-

Abstract

Artificial intelligence is developing fast through machine learning or deep learning, and is affecting the whole society. This artificial intelligence is also being used a lot in the medical field. However, medical practices using artificial intelligence in the medical field have a direct influences on patients’ life and bodies more compared to other industries, so they need to be approached more carefully. Regarding medical practices using artificial intelligence, when medical accidents occur due to malfunctions or errors of machines, in order to discuss their responsibility, the basic understanding of artificial intelligence and that used in the medical field and legal consideration should precede it. In addition, it needs to be examined whether medical artificial intelligence can be the main agent of medical practices under the current law or not. Korean criminal justice system is basically centered around humans. Yet, the discussion over whether medical artificial intelligence can be granted legal personality or not can lead to a different conclusion. ‘Weak artificial intelligence’ that is being realized nowadays and ‘strong artificial intelligence’ that hasn’t been realized yet must be separated to investigate the discussion. Moreover, the responsibilities for those involved in the process of the use of artificial intelligence have to be examined, too. Likewise, the matter of responsibility for the medical practices by medical artificial intelligence should be subdivided and analyzed centered around the people involved in the application process of artificial intelligence. The occurrence of malpractices or medical accidents in the process of a medical practioner’s using medical artificial intelligence, or the occurrence of an error in the process of the initial setting of medical artificial intelligence can be the examples. Moreover, it needs to be investigated what roles Watson, the medical artificial intelligence in use currently, is playing in the medical area. That is, Watson now learns a great deal of medical information and data, and based on that, recommends not only appropriate treatments but also desirable remedies divided into three stages. The problem that these actions can be seen as a doctor’s medical decision making or medical practices can be raised. In addition, there is still controversy over whether artificial intelligence has the ability to act and to take responsibility or not, so it requires close examination.