인공지능의 형사책임에 관한 소고

For some years, there has been significant controversy about the very essence of AI robots. Futurologists have proclaimed the birth of a new species, machina sapiens, which will share the human place as intelligent creatures on Earth The fundamental question of criminal law is the question of criminal liability, i.e., whether the specific entity (human or corporation) bears criminal liability for a specific offense committed at a specific point in time and space. In order to impose criminal liability upon a person, two main elements must exist. The first is the factual element, i.e., criminal conduct (actus reus), while the other is the mental element, i.e., knowledge or general intent in relation to the conduct element (mens rea). AI robots are taking larger and larger parts in human activities, as do corporations. Offenses have already been committed by AI robots or through them. Thus, there is no substantive legal difference between the idea of criminal liability imposed on corporations and on AI robots. It would be outrageous not to subordinate them to human laws, as corporations have been. When AI robots and humans are involved, directly or indirectly, in the perpetration of a specific offense, it will be far more difficult to evade criminal liability. All entities--human, legal or AI-- become subject to criminal law. Let us assume an AI robot is criminally liable. Let us assume it is indicted, tried and convicted. After the conviction, the court is supposed to sentence that AI robot. If the most appropriate punishment under the specific circumstances is one year of imprisonment, for example, how can an AI robot practically serve such a sentence? The punishment adjustment considerations examine the theoretical foundations of any applied punishment.