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자율주행자동차의 활성화를 위한 법제개선에 대한 소고

Research on improvement of law for invigorating autonomous vehicle

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초록

The Korean government announced its goal of commercializing autonomous vehicle by year 2020. With such changes, it is expecting to decrease car accident mortality by half. To commercialize autonomous car, not only worries on safety of autonomous vehicle has to be solved but at the same time, institutional system has to be clear to distinguish legal responsibilities in case of accident. This paper will present the legal improvement direction of the introduction of autonomous vehicles as follows. First, it is necessary to re-establish concept of ‘driver’ institutionally. Second, it is appropriate to focus on Level 3 autonomous vehicle which is about to be commercialized in year 2020 and organize legal responsibility. Third, we should have a clear understanding on how level 3 autonomous vehicle will be commercialized in the future. Fourth, it is necessary to revise The Traffic Law, Act on Special Cases concerning the Settlement of Traffic Accident, and Automobile Accident Compensation Security Law in line with level 3 autonomous vehicle. Fifth, it is necessary to review present car insurance system. Sixth, present Product Liability Law is limited to movable products (Article 2), however, it is necessary to include intangible product which is software. Seventh, we should review on making special law related to autonomous car including civil, criminal, administrative, and insurance perspectives.

Abstract

The Korean government announced its goal of commercializing autonomous vehicle by year 2020. With such changes, it is expecting to decrease car accident mortality by half. To commercialize autonomous car, not only worries on safety of autonomous vehicle has to be solved but at the same time, institutional system has to be clear to distinguish legal responsibilities in case of accident. This paper will present the legal improvement direction of the introduction of autonomous vehicles as follows. First, it is necessary to re-establish concept of ‘driver’ institutionally. Second, it is appropriate to focus on Level 3 autonomous vehicle which is about to be commercialized in year 2020 and organize legal responsibility. Third, we should have a clear understanding on how level 3 autonomous vehicle will be commercialized in the future. Fourth, it is necessary to revise The Traffic Law, Act on Special Cases concerning the Settlement of Traffic Accident, and Automobile Accident Compensation Security Law in line with level 3 autonomous vehicle. Fifth, it is necessary to review present car insurance system. Sixth, present Product Liability Law is limited to movable products (Article 2), however, it is necessary to include intangible product which is software. Seventh, we should review on making special law related to autonomous car including civil, criminal, administrative, and insurance perspectives.

참고문헌 (10)

  1. Jongyoung Lee, "Joogang Law Volume 2", pp.149~ (2015), Joongang Law Society
  2. Trend on technical development of autonomous vehicle of Ministry of Trade, Industry, and Energy, "Jongdeok Moon", Korea Evaluation Institute of Industrial Technology, 34~35 (2014)
  3. "US traffic authorities saying Google artificial intelligence shall be considered as a legal driver" (2016)[URL]
  4. Gyeonghwan Kim, "Knowing IT·IP law 101, Legal issues around autonomous vehicle (2)", Digital Daily, ~ (2017)
  5. Hyungbeom Lee, "Research on legal allowance on autonomous vehicle and responsibilities for civil, criminal, and administrative sides", Traffic, 215, pp.82~ (2016), The Korea Transport Institute
  6. Gwangmin Park, "Sungkyunkwan Law, Volume 3", pp.69~ (2015), Sungkyunkwan Law Research Center
  7. Jaeyoon Kim, "Research on Korean Criminology Volume 4,", pp.186~ (2014), Korean Institute of Criminology
  8. Younghwa Son, "Research on law and policy Volume 4", pp.315~ (2016), Korea Law and Policy Society
  9. Yeonjoon Kwon, "Civil Law", pp.467~468 (2016), Korea Civil Law Society
  10. Seonjoon Gang, "Legal improvement and sugestion on law making for promoting autonomous vehicle", Korea Institute of Science Technology Evaluation and Planning, 21~ (2017)

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