4차 산업혁명과 형법의 변화?

Abstract

Today, The term of "4th Industrial Revolution" is sweeping through various media, books and academic journals, not to mention any particular field. ​There are growing voices preparing for the Fourth Industrial Revolution not only in Science, Technology, Education, Administration and Economic management, but also in Law and Criminal law. The Fourth Industrial Revolution was insisted by Klaus Schwab in Davos Forum, Switzerland in January 2016. He predicted a new epochal revolution through AI, Robot technology, IoT, autonomous car and life sciences as representative phenomenon of the Fourth Industrial Revolution. Contrary to this, however, It claims strongly that the Fourth Industrial Revolution is only a mere extension of the third industrial revolution, which falls short of the first, second and third industrial revolutions. Robert J. Gordon is the representative scholar insisting that it is fiction about the Fourth Industrial Revolution and its representative big data. So is Fourth Industrial Revolution a real paradigm? Does it predict a change in criminal law? Although Fourth Industrial Revolution does not predict a major change like the revolution, currently, AI such as AlphaGo is being implemented as a autonomous car in various areas, especially in the automobile industry. The current technology, however, is the Weak AI phase, even experts are skeptical about the arrival of strong artificial intelligence, which combines human-like intelligence in weak AI. Furthermore, humans have the 'creativity' that AI can never match, so robots with only artificial intelligence cannot replace humans. The development of information technology provides wonderfully convenient, with the advent of AlphaGo in 2016. But it brought on a surprising sense of fear on the other hand. However, In criminal law that requires human behavior, the Fourth Industrial Revolution based on artificial intelligence is not yet in front of us to signal a change in criminal law. Therefore, the safety criminal Law, which is to seek safety through criminal law, should be stopped in the extension line of the risk criminal law and the modern criminal law. Beyond that, it is highly likely that if the primary duties of criminal law are assumed to be guaranteed by social safety management, the criminal and police powers will expand their investigative powers and eventually become similar to ‘the police state’ in the past. Also, criminal law is nomology and it cannot lead science and technology. In essence of science and technology for new development purposes, technology development doesn’t stay in the category of norms. Eventually, The norms has no choice but to follow technology. Therefore, criminal law has essence of the most conservative and complementary in nomology, rather than criminal laws are not too responsive to the fear of the Fourth Industrial Revolution, The meaning of the normative principle should be reconsidered while resolving the problems faced by the present position step by step.