형법상 인(人)의 개념에 대한 재정립

Abstract

The development of science and technology in the 4th industrial revolution requires a change in our traditional thinking. The autonomy of artificial intelligence systems based on big data and machine learning is increasing day by day. These changes are urging a change in the basic paradigm of criminal law based on the correlation between 'free will and responsibility'. Accordingly, criminal law is facing the question of whether a new legal personhood should be recognized for artificial intelligence systems or artificial intelligence robots.
 Although the concept of artificial intelligence system does not seem to be unified yet, the European Union states that artificial intelligence system “means software implemented by a specific technique, and content and prediction through interaction with the surrounding environment within the scope of a purpose defined by humans, reasoning, and decision-making.” The representative characteristic of these AI systems is autonomy. Autonomy can be defined as “the ability to make decisions and execute them externally, independent of external influences or controls.”(Regarding who will take responsibility for the problems caused by artificial intelligence systems or artificial intelligence robots capable of autonomous judgment, the negative opinion that the ability to take responsibility cannot be acknowledged to artificial intelligence robots, and strong artificial intelligence systems rather than weak artificial intelligence systems As an autonomous subject of action, it is opposed to a positive view that it can acknowledge its responsibility.)
 It is necessary to think about whether artificial intelligence robots can be said to be human beings just as natural people are human beings, that is, whether we need to re-evaluate our ability to take responsibility for all beings. In the future, if artificial intelligence robots become more common than they are today, interactions with humans become more active, and the intellectual capabilities of artificial intelligence systems further improve, there is a political need to regulate them legally.
 The current legal system recognizes the subjectivity of rights by granting unlimited rights capacity only to natural persons, and recognizes the subjectivity of rights within a limited scope to corporations. However, since this is recognized by the provisions of the law rather than absolute, it is a legal policy issue that can vary depending on the era and society in terms of legal policy and to what extent the legal capacity or legal personality is to be granted. Although currently weak AI systems do not have full autonomy, considering the 'unpredictability' inherent in AI systems, it is necessary to concretize the discussion on granting legal personality to strong AI systems to come in the future. have.