최근 인공지능법제의 사법(私法)상 함의

The implications of recent artificial intelligence laws for private law

Many countries are adopting AI law in various forms. Some legal systems are designed around ex ante regulation, while others take the form of promotion laws or basic laws aimed at fostering the AI industry. The constant conflict that arises during the process of enacting AI law stems from the profound impact that AI could have on our society, and the clash of expectations and concerns about the future changes it will bring. These expectations and concerns are also evident in the private law realm. This paper seeks to examine how AI and AI legislation will impact our civil law, and what implications they have or should have. To achieve this goal, this paper specifically examines the characteristics of the European Union's AI Act, which takes the form of ex ante regulation, and draws implications for our own understanding. The European Union seeks to secure competitiveness through a strict, regulatory-focused legal system, including the AI Act. However, unlike other directives and regulations that significantly impact the digital single market, the AI Act does not explicitly provide legal remedies for legal entities and natural persons. Nevertheless, this paper explores the possibility of deriving certain legal rights from the AI Act itself and examines the applicability of the doctrine of infringer liability under Article 1004 of the German Civil Code. Furthermore, it confirms that damages resulting from the output of an AI system can be compensated under the new Product Liability Directive. However, since our civil law does not contain a provision similar to Article 823, Paragraph 2 of the German Civil Code, the likelihood of a claim for damages arising is very low. While claims for injunctions for violations of personal rights may be considered, results derived from AI are typically disclosed by the user of the AI system, not the distributor. Therefore, asserting a claim for damages against the distributor of the AI system would be difficult. Moreover, the European Union's Product Liability Directive, which redefines the concept of a product, is no longer a simple comparison with our product liability law. These legal differences provide important implications for our legal system to consider when establishing a legal liability system for AI systems.