자율주행자동차의 상용화를 위한 행정법적 쟁점 ― 미국의 이론과 법제도를 중심으로 ―

Today, automotive industry is evolving rapidly on technological innovation. Trials for autonomous vehicles are underway and vehicles equipped with GPS have already become popular. Automated driving is expected to improve road safety by eliminating human driver error(inattention, sleepiness, overspeed or improper intervention) and operating correctly according to the program. Additionally, autonomous vehicle technology could allow people currently unable to drive(such as the elderly, and people with disabilities) to travel alone in autonomous vehicles. Driverless cars also reduces the overall number of cars on the road, as well as unnecessary overlapping trips that contribute to emissions. However, no one can assure the safety of roads when both ‘autonomous vehicles’ and ‘automobiles operated by human drivers’ run on the same road. Furthermore, data privacy is significant areas of concern arising from autonomous vehicles. These apprehensions stem from the knowledge that self-driving vehicles will rely on some combination of Internet-based communication systems to operate the vehicles without the control of a human driver. This paper examines the normative contents required for commercialization of autonomous vehicles, focusing on the theory and legal system in the United States. First, there is a problem of regulatory authority for autonomous vehicles. In the United States, the federal government has the authority to regulate the design and operation of vehicles, while states create traffic codes that set standards for vehicle operation and the licensure of drivers to regulate vehicle safety. However, it is required a new regulatory system to treat autonomous vehicle because the design and the operating system of the vehicle are integrated together. We also need to consider integrated regulations on autonomous vehicles. Secondly, the standards for autonomous vehicles are required to be practicable, objective, and meet the need for safety. It must be performance-oriented. Lastly, There is a question of infringement of the right to privacy in relation to the collection and use of information. This can be divided into (1) the government's access to and use of personal information, and (2) the use of personal information for commercial purposes. Presently, the United States has no specific legislation on this question. In Korea, the autonomous vehicle regulation has been implemented within the scope of supporting the test operation of autonomous vehicles based on the “Automobile Management Act”. However, in order to regulate commercialized autonomous vehicles, an overall regulatory framework for the operation of such vehicles on the road should be established. In this process, Congress and the government should conduct intensive and comprehensive research on autonomous vehicles. In addition, cooperation with the automobile industry, consumers, and academia should be made. In order to fully enjoy the benefits of autonomous vehicles, it is important to establish objective and practical safety standards to ensure their safety. These safety standards can provide direction for the development of the technology that the automotive industry has to achieve.