인공지능에 관한 몇 가지 법률적 검토

In modern society, artificial intelligence plays an important role in human life. However, artificial intelligence has the ability to learn by itself and cognitive abilities often outperform that of human beings, and in many respects, display capabilities associated with human behavior. Against this backdrop, how to deal with the issue of artificial intelligence in the realm of law is garnering huge interest among law scholars. The purpose of this article is to examine: (i) whether artificial intelligence can be a subject-matter of rights, as well as a rights-holder, from a traditional legal standpoint; and (ii) whether artificial intelligence can be regarded as a subject of creative activity under existing laws. Under laws that protect creative works, such as the Copyright Act or the Patent Act, the premise is that humans are the prerogative of all creative activities. While a legal person can only be a rights-holder of creative works, only a natural person (i.e., human being) can perform creative activities. Such thinking prevails not only in Korea but also in many other countries such as Japan, Germany, and the United States. The matter pertaining to the attribution of rights of works created by artificial intelligence does not need to be quickly resolved. However, it definitely calls for a new paradigm in a new realm of law, starting with intellectual property law. This article is intended to bring forth these ideas.