형법해석학과 법윤리학의 관점에서 본 완전자율주행차와 트롤리 딜레마의 문제

The era of fully self-driving cars is just around the corner. Accordingly, the trolley dilemma is drawing renewed attention. In short, we must answer the following question when designing an algorithm for a fully autonomous vehicle: Is it allowed to program a fully self-driving vehicle to sacrifice a small number of people for saving the great number in cases where a fully self-driving vehicle cannot avoid human casualties by any means while driving? At present, there are several opinions on this issue. In this article, these different opinions were classified into seven types, and they were criticized from the perspective of criminal law dogmatics and legal ethics. And from the point of view of liberal criminal law theories and deontological ethics, this article tried to present the conditions that could justify programming autonomous vehicles in a way that sacrifices a small number to save the majority. Furthermore, this article briefly reviewed the problems to be solved together when designing a fully autonomous vehicle program, such as how to prepare for the situation of a so-called symmetric and asymmetric risk community (Gefahrengemeinschaft), how to respond to the violators of traffic rules, and who to protect first, passengers or pedestrians.