인공지능에 의한 소비자권익 침해에 관한 유형과 법적 과제

Technology advances continue to drive economic growth and change the global market. Consumers are benefiting from this growth with free or low-cost services, better quality products and services, more choice and innovative new products. And companies are developing new tools that use data in increasingly sophisticated ways as more and more parts of the economy are connected to each other and connected to consumers. Recently combined with the issue of the Fourth Industrial Revolution, artificial intelligence is increasingly used in all industries. Artificial intelligence is spreading in our lives by combining with technologically advanced tools such as Big Data, which is changing the way many companies make competition and make commercial and strategic decisions. The widespread use of this artificial intelligence can make it easier for companies to collate and maintain without formal contracts or human interactions. It is also possible to provide individualized consumer services or differentiated consumer services by analyzing consumer behavior and economic power. Currently, the artificial intelligence industry is constantly evolving, and better artificial intelligence continues to emerge. Artificial intelligence is also evolving by self-learning algorithms. Therefore, various fundamental questions are being asked in the whole of jurisprudence, such as how to think about the legal responsibility of damages caused by actions or judgments by ‘autonomous’ thinking of evolving artificial intelligence. Algorithm collusion(digital cartel) and unfair trade practices in the act of artificial intelligence can punish a business operator without acknowledging the legal personality of artificial intelligence. However, the act of artificial intelligence can be done more secretly than the act of man, and even the operator who uses artificial intelligence may not be able to predict the action of artificial intelligence. Although it is possible to prepare for the actions of artificial intelligence as an ex ante facto, it would be more appropriate to respond as an ex-post facto to prevent damage. There are two approaches to proactive countermeasures. One is to use only artificial intelligence certified by a country or certification body for industry use, and the other is to allow business operators to develop artificial intelligence autonomously, but only within a certain standard. In other words, it is a way to set the principle of the act of artificial intelligence in advance. In addition, the Ordo-liberal approach, which is centered on the EU and the German law to protect economic liberty as a fundamental right as well as the competition law level aimed at improving consumer welfare, For example, I think that it is also important to ask for the illegality when it can be judged that it is not socially tolerated, like the criminal lawyer.