자율주행자동차 프로그램 개발자에 대한 형사책임에 관한 시론(試論) - 생명침해에 대한 긴급피난을 중심으로 -

Abstract

While the Fourth Industrial Revolution and the expanded use of and AI give us convenience, they create room for problems caused by base expansions, revealing other modern tasks. Among them, autonomous driving gives us many expectations for our future lives based on various benefits such as a decrease in traffic accidents, and discussions of casualty issues must be materialized. In particular, when program results that minimize damage in a casualty accident caused by autonomous driving are followed, the issue is whether or not emergency evacuation is established for those involved in the development of that program. This will also serve as an important part of safety securement plan preparations for road traffic in accordance with autonomous vehicles. With evacuation acts due to life-infringement, opinions that deny the establishment of emergency evacuation are strong both in Korea and abroad. This can be said to be a fulfillment of a ban on life infringement even in states of emergency evacuation. When such understanding is applied directly to issues of life-infringement caused by autonomous driving, there may be no room for establishments of emergency evacuation. Then, the traditional points of emergency evacuations in life-infringement cases creates a modern task of criminal responsibility for autonomous car developers and others, which will also serve as an extremely significant part in the securement of road traffic safety. With life-infringement caused by autonomous cars, a lack of rescue measures and a deterioration of order may decrease by allowing bans on emergency evacuation life-infringement to ease. At this, even in cases where life-infringement in emergency evacuation cases are specially noted, it seems that it may be possible to recognize emergency evacuation for autonomous car developers who have implemented programs to minimize damage. However, non-punishment according to emergency evacuation laws is separated from that which makes urgent conditions the subjects of discipline and it cannot be considered to have the character traits of being a potential solution for such original content. Therefore, it seems that simple allowances cannot be a sufficient solution from perspectives based on the promotion of autonomous car development and distribution. It can be said that the time has come for clarification based on more appropriate, realistic, and detailed discussions on modern tasks arising from the advent of a new era and new paradigms such as with the emergence of autonomous cars. Therefore, it is necessary to consider clear and detailed solutions according to legislation based on sufficient discussions on the stipulation of non-punishment requirements, and to search for safety securement plans for road traffic based on this.