인공지능(AI)과 회사법의 연결에 관한 소고 -이사의 책임 부담 가능성을 중심으로-

This study examines the implications and limitations of artificial intelligence (AI) utilization in corporate decision-making, focusing on the impact of AI technology advancement on corporate management and legal liability structures. The integration of AI into corporate decision-making processes appears inevitable as technology advances, potentially bringing fundamental changes to how directors perform their duties. In the current corporate law framework, directors remain the primary decision-makers even when utilizing AI systems. The decision to implement AI, including the scope and method of its application, falls within the business judgment of directors. However, the critical question lies in understanding the legal implications of AI utilization in directors' decision-making processes. This research discusses two significant possibilities: first, directors' failure to utilize AI may be considered a breach of duty to collect and examine sufficient information; second, disregarding AI-generated recommendations without reasonable justification may be viewed as imprudent behavior. As AI technology becomes more sophisticated, directors may face increased scrutiny over their information-gathering processes and decision-making methodologies. The study concludes that the advancement of AI technology presents new challenges to directors' liability structures and legal obligations. This evolution may lead to broader discussions about the diminishing role of human directors and the potential introduction of AI directors.