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A Study of the Functional Change in Criminal Law with the advent of the AI Era
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AI시대와 형법의 기능변화에 관한 연구

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Type
Academic journal
Author
Journal
한국형사법학회 형사법연구 형사법연구 제31권 제3호 KCI Excellent Accredited Journal
Published
2019.1
Pages
93 - 117 (25page)

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cover
A Study of the Functional Change in Criminal Law with the advent of the AI Era
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Abstract· Keywords

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The trend of social change today is towards the fourth industrial revolution era composed of artificial intelligence technology, the Internet of Things, Big data, and hyper-connectivity, which are key icons that represent the digital revolution era. In the near future, we may face an era in which we coexist with AI Robots, which are equipped with too much human intelligence and autonomous thinking. Now the arrival of AI is an irresistible circumstance, which may bring about a positive function in human life as well as a negative function that causes a dangerous society with a variety of AI-related crimes. Therefore, in order to protect the upcoming social order, it is necessary to consider changing the function of criminal law and how to apply criminal law to prevent AI crimes. Under the rule of law, criminal law seeks preventative benefits to protect the social system. In other words, since the purpose of the Criminal Act is to prevent crimes, it would be reasonable to consider applying the protective function on the basis of utilitarian principle of punishment in order to prevent AI-related crimes. Also, It would be desirable to apply the guaranteed function projected on the protective function on a secondary basis. Therefore, even in the AI era, giving AI robots the same character as humans does not make sense because it violates human dignity, and AI is nothing more than an electromagnetic system that cannot be the subject of criminal responsibility. So it makes sense that criminal responsibility for AI belongs to the natural person representing AI, the owner and the de facto ruler as well a robot maker. And since AI is an exceptionally special tool equivalent to a human personality, it is thought that a criminal law enforcement measure should be taken to punish those who commit crimes, using AI, as ‘a behind the principal offender’ (the culprit).

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