자율주행자동차의 하자 또는 결함의 판단기준

Abstract

Autonomous vehicles are expected to make major changes in the current legal system in the near future. Self-driving cars increase the safety of road traffic, provide mobility to minors and the disabled, and increase the efficiency of road traffic by optimizing vehicle movements. On the other hand, autonomous vehicles raise concerns about the potential danger of accidents due to the increased connectivity of the network itself, virus infections and hacking. As a result, the biggest legal issue in introducing autonomous vehicles is who will be responsible for accidents that occur while the autonomous vehicle is driving in full autonomous driving mode. When autonomous vehicles are commercialized, existing responsibilities can't completely regulate new phenomena. Autonomous vehicles do not require or minimize human intervention in driving, so it is inevitable that driver-centered law changes. In this case, whether the civil law liability is shifted from the driver-driven responsibility system to the manufacturer-driven responsibility system that manufactures autonomous vehicles is a matter of whether to accept product liability for autonomous vehicles accidents. However, the liability of the manufacturer under the Product Liability Act is limited to damages caused by defects in the product. As a result, it is not easy for a manufacturer to provide a faulty autonomous driving capability to an autonomous vehicle, and if such a defect affects the overall structure according to specific technical conditions and causes an accident, the manufacturer is not responsible for it. This study examines the types of defects and criteria that can be expected for autonomous vehicles with full autonomous driving functions, focusing on product liabilities, which are the basis of Product Liability Act. We also reviewed the reasons for pleas such as misuse of autonomous vehicles by users and risks of developing manufacturers.