인공지능(AI)의 법인격 – 전자인격(Electronic Person) 개념에 관한 소고 -

Abstract

Artificial Intelligence (“AI”) is supposed to be treated as a property in accordance with the current law, which, however, may cause many problems. Property is fully controlled by human, but AI is able to acquire autonomy through sensors and/or by exchanging data with its environment and the trading and analysing of those data. Based on such autonomy and physical support, AI can behave independently. For any damages caused by AI, both principles of liability with fault and strict liability are not suitable because of such difference with a property. It is almost impossible that victim proves the negligence of AI. It does not seem fair as well that the owner shall be liable for all the damages caused by AI, even though AI is supposed to behave independently and such use of AI will be flourish. In this regard, the legal status of AI should be newly considered in the world. In this article, the concept of electronic person is scrutinized. First of all, the incorporator of electronic person is to be compensated, but s/he does not need to be necessarily allowed with shares in the electronic person. Rather, the incorporator needs to be allowed with monetary compensation within a designated sum or a designated period, which depends on legislation. The concession theory shall be applied to electronic person. Then, it shall be regarded as an artificial being, existing only in contemplation of law. Thus, any ability of electronic person can be restricted or deprived according to the judgment of government. The theory of legal person, which is established for companies, shall not be applied to electronic person in same way, because the activity of electronic person does not intrinsically represent the extension of the human rights. For the economic activity of AI, the earning of human will be reduced drastically. Decreased household consumption will paralyze market mechanism of capitalistic economic system. The fact shall not be disregarded that AI is using big data, which mainly consist of personal data produced by human. The data subject, human, shall be properly rewarded, and electronic person shall be designed to be able to process to whom to reward how much. The robo-tax is another option.