인공지능 로봇은 법인격을 가질 수 있는가?

초록

In the field of law, a wide variety of legal issues dealing with “artificial intelligence robots” have been raised, including not only public law issues such as the Constitution, Administrative Law, and Criminal Law, but also private law issues such as Civil Law, Commercial Law, and Intellectual Property Law. In the middle of the legal issues related to artificial intelligence robots, the question is ‘Can we really grant legal personality to artificial intelligence robots?’ In particular, in the field of Civil Law various issues are raised, such as the issue of the effect and liability of electronic contracts using artificial intelligence, the issue of liability for damages by tort caused by artificial intelligence robots such as autonomous vehicles and the issue of product liability due to defects in the artificial intelligence itself. These issues have in common, who should be the subject of responsibility for the loss arising from the actions involving the artificial intelligence robot. In other words, it is a question whether an artificial intelligence robot can have a legal personality. Conventionally, robots were classified as movable property in accordance with § 98 of the Korean Civil Code and their legal status belongs to the legal object. On the contrary, for the artificial intelligence robot that thinks itself, the idea is widespread that it can be recognized as a legal subject granting a new legal personality equivalent to nature person or corporation. These problems were raised in Ⅰ. of this paper. Ⅱ. examined the evolution of laws and regulations governing artificial intelligence robots along with a brief explanation of the “artificial intelligence robot”. Based on this, Ⅲ. of this paper summarized and analyzed debates and various arguments about validity of granting legal personality to artificial intelligence robots. Through this analysis, Ⅳ. explored issues to be considered for the legal personality of artificial intelligence robots. Lastly Ⅴ. summarized the conclusion on the legal personality of artificial intelligence robots. In this paper, the author pointed out the matters to be overcome in order to recognize the legal personality for the artificial intelligence robots, and emphasized that it should be very cautious in granting the legal personality to the artificial intelligence robots.

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