성적자기결정권의 보완 수단으로서 인공지능에 대한 소고 - 성매매알선 등 행위의 처벌에 관한 법률 제21조 제1항에 대한 비판적 검토를 중심으로 -

Due to the strong sexual desire of humans, the species of mankind has not been extinct to this day and flourished through social solidarity. And at the center of this sex lies prostitution, which is regarded as one of the oldest jobs in human history. In the meantime, due to the rapid spread of individualism and open-minded thinking, adultery was abolished due to the unconstitutional decision in the social atmosphere where the perception that sexuality and love are a matter of private domain, not something to be controlled by the law, and the individual legal interest of free exercise of sexual self-determination is as important as the social legal interest of maintaining sexuality and morality. Despite these changes today, however, there is a dilemma between the restriction on the freedom of sexual self-determination due to the prohibition of prostitution under Article 21 paragraph 1 of the Act on the Punishment of Sex Trade Alignment and the sexual pleasure inherent in human nature. With the Special Law on Prostitution getting support from the government and women's organizations, both the Constitutional Court and other law enforcement and legislative bodies remain unchanged in their previous stance of a “total ban on prostitution.” Therefore, rather than calling for the abolition of the law in terms of freedom of sexual self-determination, it seems reasonable to seek an alternative to artificial intelligence sex robots in terms of supplementation. In order to solve the problem of limited sexual self-determination by projecting human sex as a natural and biological existence into the sex of artificial intelligence, we will discuss legal, moral and ethical feasibility studies focused on the role theory of artificial intelligence and measures if our society and members need to accept them in the future.