인공지능과 관련한 민사법적 책임관계 — 운송수단을 중심으로 —

A means of transportation controlled by artificial intelligence is not involved by humans in its operation, even the owner of the vehicle or a person who has been approved for use by the owner is in the same position as a passenger of a taxi. In some cases, these vehicles may even operate without any human on board. In the event of accidents caused by such operations, the current legal system does not grant competence of rights to AI itself, and it seems unlikely that future legal reforms will fully extend competence of rights to AI. As we recognize the potential risks posed by AI with capabilities equal to or surpassing human abilities, there is a negative perception towards the emergence of such advanced AI. Considering this, it appears unlikely that AI of this level will emerge in the near future. Therefore, discussions should focus on AI that assists humans, and in cases where accidents are caused by AI-operated transportation means, the subject of liability for damages would inevitably be the human using the AI, not the AI itself. However, since humans are not involved in the operation of these transportation means, the existing legal frameworks—such as the operator's liability under Article 3 of the Automobile Damage Compensation Guarantee Act, the employer's liability in maritime collision accidents under Articles 877 to 879 of the Commercial Act, and the aircraft operator's liability under Articles 930 to 931 of the Commercial Act—which presuppose human involvement, cannot be directly applied. Instead, these legal provisions should be adapted and applied appropriately to each type of transportation means when determining liability for damages related to AI-operated means of transportation.