자율주행자동차에 관한 형사법적 고찰 ― 자율주행자동차 상용화 촉진 및 지원에 관한 법률을 중심으로 ―

It won't be long before advanced scientific technology will commercialize the autonomous vehicles. The first advantage of the autonomous vehicles is the safety when we admit that most of the car accidents are attributed to faults of the drivers, and in terms of that they could allow the disabled and the old and the weak to use vehicles, the technology is not only convenient but also innovative. But there is a fundamental doubt whether present technology can drive a car safely without the control of human drivers. Above all, it is difficult for the autonomous system to make a decision according to what priority in case that an accident cannot be avoided in unexpected situation and it is also difficult for the criminal law to judge in the light of the law or especially in responsibility. Most of the discussion of the autonomous vehicles is focused on the rapid commercialization, but the most important thing is not practicality or convenience but the substantial safety. Therefore, we need to compare drunk driving or unlicensed driving with self-driving in the aspect that the driver does not drive a car directly starting from the basic concern such as the concept of driving. Nevertheless, Act on Promotion of Commercialization of Autonomous Vehicles enacted in 2019 contains few provisions in direct relation to the safety of the autonomous vehicles out of 29 provisions while describing only formal matters such as the test runs. In addition, this law should consider the relation with relevant laws, but there has been few reviews of whether the special cases on criminal punishment of drivers of a vehicles involved in traffic accidents caused by occupational or gross negligence could be applied to the autonomous vehicles in the 'Act on Special Cases concerning The Settlement of Traffic Accidents'. Above all, some provisions such as absence of relief obligation, or fugitive, and accidents at the school zone are not enough even though considering we can't expect specific date of the commercialization of the autonomous vehicles. And it's quite unsatisfied that there is only liability insurance in relation to the accidents which cannot be avoidable considering future commercialization of the autonomous vehicles. In this aspect, we should clearly establish the division between Partly Automated Driving and Fully Automated Driving and first of all, focus on the partly automated driving which human driver remains the responsibility for operating the vehicle. In other words, it makes sense that drives should take some obligations for the time being while we observe the situations even though there will be the commercialization of the autonomous vehicles. And the discussion for the self-driving cars should proceed after the partly automated driving proves that there's no problem in actual operation for a certain period and it can be driven by only self-driving system.