AI시대의 형법사상으로서 실천이성과 형법적 도덕률의 필요성과 타당성론

The topic of today's society is artificial intelligence (AI). Nowadays, our society is enveloped in a social environment making it increasingly challenging to imagine a world without AI. The current era can be appropriately labeled as the AI era due to the interconnectedness of our lives with AI. The AI era is an era in which humans and AI coexist. However, the relationship between humans and AI cannot be considered equal. This is because AI was developed as an auxiliary tool for the convenience of humans. Therefore, in the era of AI, the relationship between humans and AI should be established as one where AI is subordinate to humans, ensuring the enduring principle of human advantage. Human beings possess personalities that are inherently superior to those of any other individuals in the world. Despite the possibility of AI surpassing human capabilities, it is important to remember that AI remains a human creation, and humans possess a distinct mental realm that AI cannot emulate. The practical reason and criminal law of morality, which exist in the human mental world, can serve as useful tools or concepts that reinforce moral standards among individuals, acting as a boundary between morality and criminal law, thereby promoting their coexistence. In this regard, practical reason is a human act that is grounded in moral laws and functions as a rational practical power guided by moral commands. Additionally, criminal law encompasses moral legislation with an emphasis on criminal consequences. In other words, practical reason aims to make humans rational by guiding their moral judgments, while the criminal law of morality intends to ensure that humans engage in moral behavior by issuing moral commands. Therefore, due to both embodying moral laws that are commonly used in human internal judgment criteria, they share an inseparable relationship, functioning as crystals that govern the mental world of humanity. Therefore, in the era of AI, what humans need most is the cultivation of a criminal law ideology that accurately guides the human mental world. In other words, practical reason and the criminal law of morality encompass practical moral ideas that can enhance human morality and serve as a valuable criminal ideology, thereby enabling reasonable control of AI. Above all, practical reason and criminal law seek legitimacy, fairness, and morality grounded in moral principles. Therefore, as is well known, both endeavor to promote moral behavior through the imposition of moral order, making it valid to consider criminal law ideology as a means to prevent AI crime in the future.