인공지능(AI) 활용과 수탁자의 선관주의의무

Already in the United States and other countries, projects using matching programs in the field of expert system and law are being actively carried out. In addition to the fact that intelligent reasoning systems can be established under the current computer knowledge processing system, it is difficult to cope effectively with the current legal system due to the expansion of artificial intelligence, and it is necessary to establish a full-fledged legal and regulatory system to deal with various problems such as human rights violations. On the other hand, among the legal parties to the trust, the trustee can be said to be the only, absolute, and exclusive authority to manage and dispose of the trust property, and depending on the perspective, it can be said to be a special legal party. Therefore, the trustee is burdened with special obligations beyond those required by the general contracting party. In this study, due to the breakthrough development of the expert system, the criteria for judging violations of trustee obligations that may appear at the stage where artificial intelligence assists and replaces the trustee's role in trust affairs and the resulting responsibility relationship was considered. In particular, it was carried out centering on the most extensive and core duty of care. More specifically, in this study, it was divided into two stages as follows. a) As artificial intelligence (weak artificial narrow intelligence or weak A.I.) in the current situation, the degree of violation of the obligation to pay attention to the trustee and the legal responsibility thereof are reviewed b) When trust affairs are processed by artificial general intelligence robots with the same capabilities as humans with so-called autonomous artificial intelligence (artificial general intelligence or strong A.I.), we tried to examine the judgment of violation of the obligation to pay attention from various perspectives.