레벨 3 자율주행자동차의 자율주행모드시 사고에 따른 민사상 책임법리의 해석에 대한 연구

The concept of control of operation and operator’s liability under the Automobile Accident Compensation Security Law is based on the concept of the control of car by human. An accident during autonomous mode by Level 3 autonomous vehicle can not be controlled or managed by human or human’s driving, but by the autonomous system and program. Therefore, it is not persuasive for the legal principle of Automobile Accident Compensation Security Law to be applied to Level 3 autonomous mode. For an accident led by or arising out of the level 3 autonomous vehicle while it is in the manual mode, the vehicle owner is considered to be in control of operation so he/she should have the private liability of car operator stated in the Automobile Accident Compensation Security Law. On the other hand, for an accident led by or arising out of the level 3 autonomous vehicle while it is in the autonomous mode, the vehicle manufacturer is considered to be in control of operation so the vehicle manufacturer should be burdened with the liability of car operator stated in the Automobile Accident Compensation Security Law. The manufacturers of autonomous vehicle should compulsorily sign up the product liability insurance contract which is mandatory insurance and limited compensation. For an accident led by or arising out of the level 3 autonomous vehicle while it is in the autonomous mode, the car owner is not required to bear the liability of car operator as well as the duty of care in driving, but only the least duty of care (duty of standby). It should be the duty of care within the restricted scope in order to cope with emergencies that could happen in the autonomous mode. The owner should bear the burden of operator’s liability in Automobile Accident Compensation Security Law for the accident during manual mode of Level 3 or during the autonomous mode which fails to meet the fixed conditions. The pluralization about concept of control of operation is required.