공동주택의 AI IoT의 하자로 인한 민사책임에 대한 소고

Abstract

In contemporary South Korea, the ubiquitous presence of smartphones has become ingrained in the daily lives of its populace. With artificial intelligence permeating various aspects of modern living, from smart vehicles to interconnected homes, the integration of IoT devices has become the norm. Initially conceived for security purposes, entrance keypads now serve as pivotal nodes within home networks, interconnected with the broader Internet of Things ecosystem. However, these keypads, while designed to enhance convenience, also harbor significant volumes of personal data, raising concerns over potential breaches and leaks. Indeed, instances of personal data exposure on the dark web, stemming from IoT hacking incidents, underscore the critical imperative for robust security measures. To fortify the security framework surrounding these keypads and mitigate potential risks within residential complexes, a comprehensive legislative review is warranted. This examination encompasses the classification of keypad-related disputes as 'defects' and the subsequent application of pertinent statutes such as the 'Housing Act.' Given the intricate interplay between various legal frameworks governing housing complexes, scrutiny of relevant articles within the 'Civil Code' and the 'Act on Ownership and Management of Condominium Buildings,' particularly Articles 667 and 668, is essential to establish a coherent legal foundation. Moreover, the regulatory landscape must extend to encompass the 'Personal Information Protection Act,' addressing the ramifications of personal data exposure through IoT vulnerabilities. Furthermore, in light of IoT's alignment with the 'Installation and Technical Standards for Intelligent Home Networks,' delineating precise definitions and standards governing home networks becomes imperative. This necessitates a thorough appraisal of existing legislation pertaining to cybersecurity and hacking incidents, with a specific focus on enhancing security protocols surrounding keypad systems in residential settings. Proposals for legislative amendments, such as revisions to select provisions within the 'Enforcement Decree of the Information and Communication Business Act,' aim to codify stringent standards and safeguards within our legal framework. Additionally, recognizing the global nature of IoT technology standards and the inherent challenges posed by its rapid evolution, proactive measures are requisite. This includes advocating for amendments enabling management bodies to engage specialized supervisors through contractual arrangements or direct employment, thereby ensuring adept oversight and compliance in an ever-evolving technological landscape.