AI 챗봇 오안내로 인한 항공운송인의 법적 책임

This article examines the legal responsibility of airlines when their website chatbots provide inaccurate information regarding fares, refunds, or special regulations. It focuses on the case of Moffatt v. Air Canada (2024 BCCRT 149), where a traveler purchased tickets based on erroneous chatbot advice. In this case, the British Columbia Civil Resolution Tribunal held the airline liable for negligent misrepresentation. Rather than treating this case as an isolated incident, the article uses it as a representative case study that highlights the legal risks of automated customer-facing information. A key argument is that a technical distinction between a static policy page and an interactive chatbot should not, by itself, determine the attribution of liability. Furthermore, users should not be expected to cross-check conflicting information within the same website. The article also provides a comparative analysis of global regulations, including Article 50 of the EU AI Act, the Unfair Commercial Practices Directive (UCPD), and the Digital Services Act (DSA), alongside enforcement trends in the United States. Based on these insights, it re-evaluates the Korean legal framework concerning advertising, e-commerce, and consumer protection. Finally, the article proposes practical improvements for determining liability, limiting unfair disclaimers, and addressing responsibility within the AI supply chain.