자율주행자동차 운행 중의 사고발생과 손해배상책임
= A Study on the Liability for Damages of an Incident During the Operation by an Autonomous Vehicle
- 저자[authors] 최현태(Choi, Hyun-Tae)
- 학술지명[periodical name] ㅊ
- 권호사항[Volume/Issue] Vol.29No.1[2018]
- 발행처[publisher] 한양법학회
- 자료유형[Document Type] 학술저널
- 수록면[Pagination] 453-479
- 언어[language] Korean
- 발행년[Publication Year] 2018
- 주제어[descriptor] 인공지능,자율주행자동차,무인자동차,자동차손해배상보장법,운행자,도로교통법,자동차관리법,제조물책임법,손해배상책임,공작물책임,제조상결함,설계상결함,주의의무,운행지배,로봇,임베디드 소프트웨어,전자적 인격,Artificial Intelligence (AI),Autonomous Vehicle,Self-Driving Car,Automobile Accident Compensation Security Law,operator,Road Traffic Act,Motor Vehicle Management Act,Product Liability Act,Damage Liability,Liability of Structure Owner and Possessor,Manufacturing Defect,design defect,Duty of Care,Control of Operation,Robot,Embedded Software,Electronic Person
초록[abstracts]
[The Autonomous Vehicles, also known as driverless cars, have recently emerged as an important issue of the public debate over the vehicle business market. In spite of the high public interest, legal issues, such as liability, and consequently damages, by the autonomous vehicles are broadly hailed. To date, there has been minimal research in the Korean law field regrading autonomous transportation technology. In respect of that the autonomous vehicle would cause vigorous debates for new liability framework for injuries totally against the existing liability framework, this study establishes the contours of argument for the new liability framework associated with the new technology. To begin with, this paper would like to examine whether court to decide grants liability for any accident on autonomous car to the car’s owner or operator under traditional tort law principles. However, this article addresses that, under the current liability frame, the injured party would be difficult to directly bear some responsibility of a negligence for accident to the owner or operator because the responsibility under the frame may ultimately turn on degree of control of the driver over the car. Next, this paper decides whether the party can raise product liability lawsuit to car manufacturers, software designers, and component makers based on the existing product liability principles. Finally, this paper proposes congress an alternative liability framework over the next ten years or so years as society transitions to widely popularize the autonomous vehicle.]
목차[Table of content]
Ⅰ. 서론 Ⅱ. 자율주행자동차의 등장과 손해배상책임 체계의 이동 Ⅲ. ‘인간’으로 인해 발생한 손해와 책임 : 운행자의 책임 Ⅳ. ‘자율주행자동차’로 인해 발생한 손해와 책임 : 제조물에 대한 책임 Ⅳ. 인공지능 환경에서의 ‘완전자율주행자동차’의 책임 Ⅴ. 결론 참고문헌 Abstract