현대 사회에서 자유의지와 형사 책임론의 재정립-인공지능 기술과 형사책임을 중심으로-

The traditional criminal law theory, which views individual blame as criminal liability based on human free will, has become unable to fulfill its role in modern society, where the area of risk is expanding and predictions are becoming increasingly difficult. Scientific achievements in the fields of biology and brain science show that human beings must be viewed as objects of normative evaluation because human free will is not absolute, and that criminal liability cannot be imposed on human beings solely through the possibility of moral and ethical blame. In addition, due to the amazing development of artificial intelligence technology, such as Chat GPT and the emergence of humanoid robots capable of communication, it is now possible for non-human beings to pose risks and put social order at risk. We looked at various views on whether criminal liability could be directly imposed on artificial intelligence robots in this situation. Robots with weak artificial intelligence are different from corporations in that they exist and act directly, so it is difficult to apply the criminal liability of a corporation, and it is still too early to directly attribute criminal liability to currently developed weak artificial intelligence robots. However, in light of the occurrence of crimes using ChatGPT and the rapidly developing level of artificial intelligence, if the risk caused by artificial intelligence robots increases and the need for punishment increases throughout society even if it does not reach the stage of strong artificial intelligence, the communitarian theory of responsibility or from the perspective of constructivist methodology, it may be possible to directly hold artificial intelligence robots criminally responsible by expanding the concept of ‘person.’ In addition, if the pace of scientific and technological development accelerates in the future and strong artificial intelligence emerges sooner than expected, there is a high possibility that criminal liability will be recognized even if it is a non-human being. This is because strong artificial intelligence can reach the level of human intellectual ability required for criminal ability and liability, and can make decisions and choices on its own. It would be necessary to make thorough preparations to avoid confusion in the coming future era through further consideration of fundamental and philosophical issues related to free will, the nature of criminal liability and what human beings are.