미국 형법상 엄격책임의 이론과 현대적 전개:인공지능 시대 자율주행기술에 대한 적용 가능성을 중심으로

With the rapid development of artificial intelligence (AI) and autonomous driving technologies, traditional criminal law faces new forms of risk that cannot be adequately addressed through individual mens rea alone. In highly automated systems, accidents often result not from isolated negligence but from structural decisions at the corporate level, including design, testing, and operational management. Accordingly, criminal liability must be reassessed with a focus on corporations’ ex ante duties of risk control and safety management. This article examines whether the doctrine of strict liability in U.S. criminal law provides a viable framework for regulating corporate responsibility in the age of AI. It analyzes the development of corporate criminal liability and public welfare offenses in Supreme Court cases such as New York Central & Hudson River Railroad Co., United States v. Balint, and United States v. Park, which recognize corporate liability for violations of safety obligations without proof of mens rea. Based on this approach, the article proposes a norm-based strict liability model that translates technical standards and safety requirements into concrete legal duties and imposes liability for their breach. It further considers the introduction of corporate probation modeled on the United States Sentencing Guidelines to ensure effective organizational reform. Ultimately, strict liability is presented not as a departure from the principle of culpability, but as a supplementary mechanism to address structural risks and enhance public safety in high-risk technological sectors.