상법상 인공지능기업의 상사적격에 관한 소고

The development of artificial intelligence tends to replace human beings with artificial intelligence in the management of modern businesses, and eventually artificial intelligence would dominate management. This raises several issues on a normative view. In particular, the question is whether the artificial intelligence meets the commercial law's basic requirements, which is required by the commercial law, and whether commercial law is applied. The merchant shall be natural person or legal person as the subject of the rights. Since the natural nature of artificial intelligence is not recognized, we should explore its potential as a corporation. As a rule of our law, the business corporations are commercial entities that are human group and are operated by people. This is in the traditional view on the nature of corporations as a group of capitalists. However, the modern tide of corporate concept sees the firm as a combination of elements of capital, labor and management, as a productive and economic system. According to the theory of social systems that give extensive influence to modern societies, a corporation is a single economic system that is itself forming an economic unit as a subsystem of the social system and humans are not part of the corporate system but in an environment that only affects businesses. These inhumane businesses also have social entities and can be granted legal recognition for their status as social actors. When it comes to the ability of artificial intelligence to conduct business, it comes down to business judgment and the ability to act. The minimum capacity required for the management of directors under commercial law is a mental capacity. It is difficult to assess whether artificial intelligence actually has mental capacity and would not matter if it had the basic transaction capabilities required in commerce. Whether artificial intelligence has managerial ability can be actively interpreted because that the nature of directors is expanding legally to include non-human corporations and artificial intelligence works in combination with concrete structures, such as computer hardware or robots, so it can use their mobility. More importantly, the ability to operate an artificial intelligence is determined by the amount and quality of data that it handles and the technical performance of its analytical capability. This means that procedures are needed to establish and verify technical conditions to secure the operation ability of AI. For example, it is important to reduce the scope of business problems as much as possible by improving autonomous driving tests for autonomous vehicles or by strengthening investment advisory tests for the advice of Robo-Advisor in financial institutions.