earticle

영어

It is questionable who will be held responsible for damages caused by malfunction artificial intelligence robots. In particular, if a contract relationship does not exist, when an artificial intelligence robot damages a third party, the liability for damages due to illegal acts is problematic. In this paper, the author looked at how to solve the problem that occurs on the premise that the development of artificial intelligence could lead to various human-related tort laws problems. Under the current act on liability of illegal activities, it is impossible to attribute responsibility to the responsible person by judging the responsible person according to principle of liability with fault, when the damage is caused by a malfunction of an artificial intelligence robot. As such, damages caused by accidents caused by artificial intelligence robots cannot be resolved through illegal acts under civil law, which is based on the principle of liability with fault and liability of possessor, owner of structure, employer's liability for compensation, product liability under our civil law also has problems and limitations. If it is impossible to solve the problem due to the theory of illegal activities in the past, it should eventually introduce a responsibility regulation that is suitable for the illegal activities of artificial intelligence robots. I think we can consider the risk liability as a new model of tort liability due to accident caused by an artificial intelligence malfunction. Risk liability is a responsibility arising from the fact that the hazard is in possession and control. Therefore, the users who control the hazard must compensate for the damage. The primary subject of liability for damages is the robot user who benefits from the use of robots. Even if the risk liability is recognized and the robot user is primarily responsible for the malfunction of artificial intelligence, it is a separate matter whether the robot is able to compensate the victim or not. In this regard, it is necessary to disperse the risks and responsibilities of artificial intelligence robots through the operation of the mandatory insurance system for the consequences of causing unexpected damage to others. It can be considered compensating damages that cannot be covered by insurance through the fund system through social consensus of victim relief.