인공지능 활용에 따른 소비자 피해 구제방안 – 제조물 책임법의 적용 한계와 입법 제안을 중심으로 –

As the development and use of Artificial Intelligence (AI) continue to increase, concerns about consumer harm are also growing. This study examines interpretative measures under the current legal framework to effectively remedy consumer damage caused by AI and explores additional legislative alternatives. First, it examines the applicability of the Product Liability Act to general software and argues for the necessity of including software within the concept of 'products' under the Act to effectively redress consumer damage resulting from AI utilization. Second, when applying the general tort liability law, it analyzes a variety of legal issues that arise due to the autonomous and evolving nature of AI and examines the limitations of the application of the current law. Furthermore, this study comprehensively reviews interpretative approaches under the current legal system to relieve consumer damage caused by the use of AI and confirms that it is difficult to sufficiently redress consumer harm with such measures alone. In order to overcome this, it argues that new legislation is needed to remedy consumer damage, including when AI is used in the form of software, and provides direction on matters to be considered in the relevant legislation and key contents to be included in the law. Additionally, it suggests that in this process, not only consumer damage relief but also the promotion of the AI industry should be considered. In conclusion, this study aims to provide a legislative basis for effective redress of consumer harm resulting from the use of AI, thereby striking a balance between innovation in AI development and consumer protection.