인공지능의 국제법상 책임추궁에 관한 소고

Abstract

This article examines the invocation of international responsibility arising from activities of the Artificial Intelligence(AI). The AI has capabilities to recognize the circumstances and determine beyond instruction or control of humans, and as a result it has become important how to regulate international responsibility involving the AI activities. This article examines the question whether it is possible and appropriate to apply the Draft Articles on Responsibility of States for Internationally Wrongful Acts adopted by the International Law Commission to international wrongful acts through the AI.
 The AI is characterized as an autonomous entity, in that it performs certain activities without human involvement in its perception and judgment. However, the AI is not currently recognized as an international person by the international community. In this regard, this article classifies types of internationally wrongful acts through the AI, then explores pathways to invoke state responsibility in light of each type of acts. First of all, the rules of attribution shall be streamlined to international activities involving the AI. In particular, the effective control test which has been utilized as a standard for attributing activities of a person or the group of persons to a state is not appropriate in attributing the activities of the AI to relevant state entities. Secondly, this article submits that state responsibility involving the AI activities may be invoked based on due diligence obligation of states. In conclusion, it is not appropriate to apply the current jurisprudence of state responsibility to activities involving the AI, and accordingly it is necessary to consider due diligence obligation in invoking international responsibility of states in utilizing the AI.