휴머노이드 로봇에 의한 손해의 배상책임

Humanoid robots have built-in artificial intelligence systems, so they have the autonomy to analyze their surroundings according to their own algorithms and choose what decisions to make on their own, so even artificial intelligence producers have unpredictability about what AI will make. Therefore, if damage is caused by a malfunction of a humanoid robot, it is difficult to determine whether the malfunction is due to the fault of the robot user, due to a software defect, or due to the artificial intelligence’s own decision despite no negligence or defect, so it is a question of who and under what law the victim will be able to receive damages for the damage caused by the humanoid robot. Since there is a limit to asking for general or special tort liability under the current legal system, it would be reasonable to ask for product liability under the Product Liability Act, which recognizes the presumption of defects and causal relationships in the product for the victim’s relief. However, due to the characteristics of artificial intelligence, there is a gap in victim relief even if the product is responsible, so ultimately, it is necessary to enact a tentatively named “Artificial Intelligence (Robot) Damage Compensation Act” that considers the characteristics of artificial intelligence. Until the Artificial Intelligence (Robot) Damage Compensation Act is enacted, if the user or operator of the robot is forced to subscribe to the robot liability insurance and the manufacturer of the robot is forced to subscribe to the product liability insurance, it will be able to fill the gap in victim relief under the existing damage compensation law.