학술논문

완전자율주행자동차 사고의 과실범 성립 및 범죄화의 문제점 고찰
A Study on the Possibility of Constituting Criminal Negligence related to Self
Document Type
Article
Text
Author
Source
자치경찰연구, 12/31/2020, Vol. 13, Issue 2, p. 55-76
Subject
자율주행자동차
자율주행시스템
인공지능
과실범
운전자 과실
self-driving car
self-driving system
artificial intelligence
negligence
offence of driver-negligence
Language
한국어(KOR)
ISSN
2005-1719
Abstract
Artificial intelligence, the linchpin of the fourth industrial revolution, has drastically changed our daily life, including self-driving cars in transportation domain. Recently, there have been several preemptive attempts in revising and reorganizing laws and the legal system to deal with unprecedented legal issues accompanied by the development of self-driving cars. The reasons behind these preemptive efforts are not only that there has not been any congruence in defining vehicles and the act of driving between nations, but also there has been an ambiguity in deciding the subject and limits of responsibility in case of accident while driving autonomous vehicles. In particular, the fundamental legal issue around autonomous vehicles is whether the current criminal law, which regulates human behaviors, shall apply to the act full self-driving enabled by artificial intelligence by making the passenger-driver in the self-driving car liable for their negligence under the current law. Thus, this paper reviews the nature of liability for negligence under the current criminal law and examines whether the current law can apply to the issues in self-driving car verbatim or revise and extend the limits of responsibility. Moreover, this paper investigates potential detrimental effects incurring from emerging science technology, including autonomous vehicles, on the legal aspect and reviews possible criminal regulations to preemptively alleviate such detrimental effects and limitations in such regulations.