인공지능의 소프트웨어 오류로 인한 민사책임

Artificial intelligence refers to the fact that some or all of human intellectual abilities, such as learning, reasoning, judgment, understanding, and behavior, have been implemented through computer programs. Therefore, software is very important. Nevertheless, not much research has been done regarding artificial intelligence software.It is necessary to update to the latest OS before OS support is terminated in order to prevent accidents while using artificial intelligence with end-of-support OS. In order to enable such automatic updating, consumers must have prior consent to automatic updating. Such consent shall be freely made, specific, sufficient information should have been provided and should be a clear indication. In addition, consent for these automatic updates is likely to be made comprehensively in advance, and obtaining consent in this way constitutes a 'conventions'. Therefore, it is subject to the Terms and Conditions Act. Furthermore, since continuous updates are necessary for the safety of the software, solutions such as receiving individual consent whenever there is an update, even if there is an objection to automatic updating. If, in the process of obtaining individual consent, a failure of the software that has not been upgraded results in loss of artificial intelligence, etc., it is reasonable to ensure that the liability for the damage is borne by the owner.If the manufacturer does not make an update, the consumer may claim the update from the seller on the basis of the liability. However, it is not desirable to claim an update from a seller who has only sold a simple product, and it would be most desirable to claim an update from a manufacturer because it is the manufacturer who knows the most about the software.However, artificial intelligence's software is likely to claim what it calls an ambition of development risk that the level of science and technology at the time the manufacturer supplied the product was not able to detect the existence of the defect. In this respect, moreover, the need for a manufacturing observation obligation arises. However, the Product Liability Act of Korea provides only for the effect of violating the Product Observation obligation, but does not stipulate how the obligation is fulfilled. Therefore, it is likely that these parts will need to be specified. Therefore, it is likely that regulations on specific methods of implementing active manufacturing observation obligations will be necessary, and that changes in design and legalization of recovery obligations will be required as a means of implementing such active manufacturing observation obligations.In addition, the Manufacturing Accountability Act imposes a heavy burden on manufacturers as it is responsible for no fault. In addition, the burden is likely to be greater if, as mentioned, the recovery obligation and design change, one of the methods for implementing the manufacturing observation obligation are required. This burden will eventually lead to higher prices for manufactured goods, or artificial intelligence, which will lead to consumer burdens. Mandatory manufacturing reimbursement insurance is required to address these problems.