자율주행차에 있어 형사책임의 귀속 주체와 그 내용에 관한 고찰

Automated vehicles can be said to be a kind of actor-network system in which artificial intelligence systems, vehicle bodies, parts, passengers, and even transportation systems outside the vehicle body are all connected. An automated vehicle and its actors are in the network, so legal regulations for safety should be made in the direction of strengthening the actor-network, not disconnecting it. While dealing with risks that are obvious to the detriment with strict regulatory (criminal) laws, communication between systems should be secured through procedural laws for risks that are not obvious to the detriment. The preemptive intervention of the criminal law using strong sanctions of punishment may hinder the development and use of science and technology, but it is necessary to find an appropriate problem-solving method for each topic in order to prepare effective measures to overcome the difficulties of a dangerous society. In the case of autonomous vehicles, legislation on new driving entities such as “Remote operators”(US), “specific automatic driving operators”(Japan), “NUIC Operators” and “Authorized Self-Driving Entities”(UK) is emerging in each country. This legislative flow can be interpreted as an attempt to strengthen the actor-network of automated driving by trying to clarify the subject responsible for the safety issues raised by automated driving. In the case of automated driving combined with remote control, it is expected that a lot of trial and error will occur at the beginning of the implementation, when a lot of accident-related data is not accumulated, so it is clear that a person in charge of managing and supervising the risks is needed. Under the current law, even if the driver can be held responsible for accidents during the operation of autonomous vehicles and the manufacturer for manufacturing defects, there is a need to have a new operating entity to bear the duty and responsibility of care in automated driving in NUIC mode. Therefore, it is proposed to have ASDE(manufacturers, etc.), NUIC operators, remote drivers, etc, as new driving entities to cope with the operational risks of automated vehicles without user-in-charge mode and take the responsibility for them.