형법상 전자인(e-person)의 가능성

Criminal code has been made and applied to natural human beings, and regardless of the controversy over what action theory they take in the theory of conduct, at least the act of 'human' has become subject to criminal evaluation. However, the principle of imputation of responsibility for a person is being modified and changed in the area of vigilance against the entity in charge, as in the case of affirming the punishment of a corporation. To what extent can the concept of 'human' extend to impute criminal responsibility here? In the future, the question arises as to whether e-person's legal characterization should be acknowledged and the burden of criminal responsibility for it. Until now, if AI, which generally operates on its own, has caused infringement of legal interests during its performance, AI understands that it cannot be held responsible because it does not exist. In other words, AI such as robots in the current stage of technological development does not yet have the capacity to reflect on itself or reflect on itself, so it does not have the legal character of criminal responsibility. However, it is questionable how long attempts to deny AI's corporate identity can be accepted as an appropriate and reasonable argument. Rather, it is believed that in the near future, it will be possible to give AI a corporate identity through dehumanization of the corporate identity on the one hand and from the perspective of humanization of AI on the other. First, it may not necessarily be necessary to achieve the status of a corporate entity such as human-like thinking, soul, reflection, empathy, etc. In other words, dehumanization of corporate status is argued in that only humans cannot be limited to those who are not human beings and that non-human beings can also be recognized as those who are. This leads to a state in which the social system has to recognize and incorporate these entities into the communication system when society becomes complicated and the noise produced by the unincorporated entities becomes negligible, impeding communication within the social system, or when communication cannot proceed without their help. Once this situation is reached, the social system, including the law, will eventually give a corporate credit to entities outside the social system. In this regard, if artificial intelligence produces noise that we did not expect, it will be incorporated into the communication system within the social system. Second, in modern brain science, robots can be conscious, and the problem lies in how to identify them in detail. AI can also be recognized for its corporate status in that it is likely to affirm the sameness by its own memory. Through the process of granting legal status to such e-persons, the objective of the Criminal Law will be realized.