pISSN: 1598-9801

민사법이론과 실무, Vol.23 no.3 (2020)
pp.63~93

DOI : 10.21132/minsa.2020.23.3.02

인공지능과 법인격 인정

이성진

(대구가톨릭대학교 CU인재학부 고위공직법학전공 조교수 / 법학박사)

Articles 3 and 34 of the Civil Code stipulate the rights and abilities of natural persons and juristic person. Article 3 (Duration of Legal Capacity) of the Civil Code provides that: All persons shall be subjects of rights and duties throughout their lives. And Article 34 (Legal Capacity of Juristic Person) of the Civil Code provides that: A juristic person shall be a subject of rights and duties, in accordance with the provisions of Acts, and within the scope of its objects as determined by the Articles of incorporation. Civil Law does not stipulate rights subjects except natural persons and juristic person. Therefore, it is doubtful that artificial intelligence can have a legal personality. In the context of the remarkable development of artificial intelligence(AI) technology, the examining about legal personality of AI is important in order to maintain stable legal order. Therefore, it is necessary to prepare AI-related policies and legislations in advance in preparation for the impact of AI on society and legal disputes. In particular, the emergence of new contract methods and the unpredictable various illegal acts due to the development of AI technology should also be explored. AI is currently in conformity with the definition of an object in civil law, but it will not continue to be an object of rights. Even now, several opinions have been proposed on the civil and legal status of AI, but no clear solution has been drawn. It is difficult to imagine what kind of society will be developed in the future by AI. Sometimes I wonder if it is too hasty or unnecessary to discuss legal personality for future AI, which is not pre-existing, so it may or may not be realizable. But in-depth research on the recognition of legal personality of AI should be conducted. In addition, the recognition of AI's legal personality is difficult to resolve in the short term, so discussions on AI's legal personality must be continued through various academic viewpoints, and even social consensus should be drawn.
  인공지능,자연인,법인,법인격,권리능력

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