인공지능(소프트웨어)의 결함으로 인한 책임 -독일 제조물 책임법의 해석론적 논의를 중심으로-

Germany's current product liability law does not specify 'software' in the definition of product. Therefore, the application of the Product Liability Act to software defect cases depends on the interpretation of theories and precedents. 1. Although the software is not mentioned in Article 2’s definition of the product, it can be treated as a product on the basis of interpretation, and thus the Product Liability Act can be applied. However, if the supplier’s fault for the software’s flaws is obvious, the responsibility belongs to the supplier. 2. In order for the product liability law to be applied, a defect (Fehler) must exist in the software. Defects can be divided into design defects and manufacturing defects, and the manufacturer's duty to explain and its contents are also important factors to consider in determining software defects. If software defects are recognized based on interpretation, the Product Liability Act may be applied. 3. Under the Product Liability Act, the subject of responsibility is the manufacturer. However, if the responsibility is clear depending on the circumstances, the responsibility may be attributed to a third party who develops or sells the software, not the manufacturer of the finished product, or the manufacturer’s responsibility may be restricted or exempted. The responsibility for proving the grounds for indemnification (Article 1 (2) 1 to 5) belongs to the manufacturer. The victim is a person whose rights have been violated due to software defects.