AI에 대한 법인격 부여의 근거로서 탈인간중심적 법이론의 가능성

The post-discourse in the field of AI, especially ‘post-anthropocentrism’, is an interesting discussion in Constitutional Law studies. The post-anthropocentrism should be carefully considered because it may shake the foundation of the Constitutional Law which stipulates fundamental human rights based on human dignity and a system to guarantee them. The most actively discussed topic is the issue of granting legal personality to AI. The post-anthropocentrism raises the possibility of granting legal personality to AI by making the human status equal to all other beings. From the post-anthropocentric perspective, granting a legal personality to AI can be an effective way to respond to legal problems caused by AI. However, the argument for granting legal personality to AI has several problems because its premise is AGI or ASI. First, this view stems from a misunderstanding of AI. Second, this view is the result of an abstract idea that does not take legal reality into account. Third, this view can be used as a route to evade legal responsibility that human beings should bear. Therefore, granting legal personality to AI based on the post-anthropocentrism has no legal benefit. A new normal to be formed between AI and the human is the reconstruction of the anthropocentrism. Constitutional Law studies should explore the anthropocentrism more radially rather than being caught up in the abstract notion of the post-anthropocentrism.