디지털 휴먼 윤리 관련 법·제도 규정 연구 - 국내·외 사회적 문제 사례 분석 -

(Background and Purpose) The advancement of science and technology is changing the direction of life for the future of mankind. In Korea, the bill on digital human and artificial intelligence was enacted in 2022, and the implications of legal responsibility for individuals have been addressed from a human rights perspective. By establishing legal and institutional improvements and standards for digital humans, this study aims to provide a direction for understanding the legal enactment standards for digital human through the criteria and insight for value judgment regarding the social value as manifestations of individual identity through form, voice, and language that personify real human beings. (Method) We classified the criteria for the scope of recognition of the legal personality of digital humans by encompassing the range of cases of actual legal damage that occurred during the production and operation of digital humans, and conducted a literature review of the digital human activity industry fields and domestic and foreign legal regulations and systems. (Results) First, there are regulations regarding the extent to which personal information is used or exposed without permission to the extent that it infringes upon the portrait rights, publicity rights, and personal privacy of real people, or whether it has a form that reminds one of a real person even after death. Second, regarding activities for illegal gain in relation to the portrait rights, intellectual property rights, copyrights, and trademark rights of digital humans, real people cannot have the innate status and rights. Third, even in cases where legal personality rights are not recognized, there are regulations on defamation, privacy violations, and personal information violations regarding the creators who actually operate digital humans. This is to clarify the location of responsibility for legal damages that may arise from AI, but it also requires a legal system regarding the licensing and registration technology standards for entities with the ability to exercise rights required by law for activities of the subject of legal personality and copyright activities utilizing generative AI. (Conclusions) There should be standards established regarding the necessity of specifying the right of publicity and the characteristics of personal elements and expressions as transferable rights, and it will be necessary to establish approaches and operating policies that can amplify the ethical protection mechanisms and public awareness regarding the use of digital humans. In addition, strict and fair data management should be implemented during their production and operation processes.