자율주행자동차 사고에 따른 손해배상책임 -현행 법규 적용상의 문제와 개선점-

It is said that autonomous cars will be available for public use, and that they will command an majority of vehicles in the near future. Therefore, it is and urgent and essential issue to modify and improve legal systems to prepare for common use of autonomous car. In Korea, car accidents are usually regulated by the Guarantee of Automobile Accident Compensation Act. This Act imposes the risk liability, which is a kind of no fault liability, on any person who operates a motor vehicle for personal use. However, because there will likely be no driver in an accident caused by an autonomous car, it is necessary to modify no fault liability system of this Act and to develop new liability scheme appropriate for the autonomous car driving practice. In case of an accident caused by an autonomous car, the product liability of its manufacturer will play important and necessary roles in compensating for damages or loss. This is because the accident will be expected to occur owing to the autonomous car’s defects. An accident involving an autonomous car occurring, it will be came into question that who of either a car manufacturer or software engineer who designed the algorithm for auto-driving, or a car owner or operator will be deemed liable for the accident? It is said that the Product Liability Act in Korea has several inappropriate and insufficient factors in regulating and covering the autonomous car accident. Therefore, new liability scheme must be established so that such scheme will provide a victim of autonomous car accident with prompt and sufficient compensation for loss. In this regard, this paper examines current provisions in the Guarantee of Automobile Accident Compensation Act and the Product Liability Act that will be able to be applied to the autonomous car accident and then proposes several ways that are thought to be necessary for modification and improvement of two Acts.