인공지능과 불법행위책임 법리

Traditionally there have been two civil liabilities. One is contract liability based on contracting parties’ promises. The other is tort liability based on non-contractual liability. The artificial intelligence has played a major role in the 4th Industrial Revolution. Every technology has value-neutrality. However, there would be good or not good effects depending on how the technology would be used. Who would be liable for damages caused by artificial intelligence? To answer this question, we need to study who could be liable and what would be liable for. In other words, the question would be this: “Who should be liable for tort liability?” If we ask more concretely, there would be two questions. One is “natural persons would be liable for damages caused by artificial intelligence?” Or, the other is “artificial intelligence should be liable for these damages?” This author attempts to find answers for these questions in this article. In II, this author studies tort liability of natural persons. In III, this author explains tort liability of artificial intelligence. In V. this author examines tort liability rules based on Artificial Intelligence. In VI, this author summaries what he has studies and proposes that only natural persons should be liable for damages caused by artificial intelligence in present technology.