인공지능의 발전과 계약 - 계약법의 역할을 중심으로 -

Artificial intelligence has permeated our daily lives, and transactions using artificial intelligence are gradually becoming more active. Technology is rapidly developing in various directions, but artificial intelligence generally refers to a technology that can determine optimal behavior with certain autonomy even in uncertain situations in order to achieve complex goals. At the same time, no matter how advanced the technology is, artificial intelligence should be used for humans, not for achieving its own purpose. The emergence of such artificial intelligence was not premised on our contract law, but it is necessary to interpret the contract properly and allocate the associated liabilities appropriately. To this end, the most useful and reasonable conclusions can be presented by applying the agency law by analogy to the artificial intelligence with considerable autonomy. The development of artificial intelligence raises more fundamental questions about contract law, such as the principle of private autonomy and fairness of contracts. Recalling that the use of artificial intelligence for transactions is not to give up individual free will, but to make faster and more rational choices, securing trust and fairness in related technologies is of paramount importance. The contract law should not follow the development of technology, but play a central role in presenting a direction for the development and use of technology in response to changed social phenomena and in drawing social consensus.