자율주행자동차(Autonomous Vehicle) 도입을 위한 헌법적 연구 (A study on constitutional law for the introduction of autonomous vehicle)

서지정보

· 발행기관 : 경북대학교 IT와 법연구소
· 수록지 정보 : IT와 법연구 / 14호 / 235 ~ 276페이지
· 저자명 : 최경미, 지성우

초록

Autonomous vehicle(AV) is a research topic that needs research in the field of public law. And among them, solving the moral dilemma around the life rights is one of the most important research fields. In this article, the law and the Constitutional Court of the Republic of Korea set out the criteria for the conflict of basic rights of the right to life in matters such as artificial abortion, euthanasia or dignity death, I have tried to analyze it in the light of what it suggests. As a result of the analysis, the following two conclusions were drawn to the dilemma regarding the right to life of autonomous vehicles(AV). First, our Constitution respects self-determination. Therefore, even if a strong artificial intelligence(AI) emerges and transcends human knowledge and judgment, man's autonomy is a prior and natural legal right, so human judgment should always be given precedence. The recent imposition of a 'kill switch' in the EU resolution is in line with my argument that human judgment should prevail. Second, our Constitution, according to the philosophy of Immanuel Kant, treats human beings as a purpose and prohibits human beings as means. Therefore, it should be prohibited to assign differential value to human life or to calculate utilitarian way of thinking and cost benefit in the case of autonomous vehicle (AV), especially in the collision of basic right of life. However, our Constitution permits the application of the principle of proportional exception under Article 37.2 of the Constitution even in the case of the collision of basic right of life. Therefore, it can not be said that utilitarianism is totally excluded from the situation of collateral rights. In the end, defining the norms of collision of life rights in a autonomous vehicle (AV) is not a matter of discovery but of human – centered rational choice and decision through social consensus. This paper also summarizes the issues related to the constitutional right to equality, property rights, and privacy of autonomous vehicles (AV).

영어초록

Autonomous vehicle(AV) is a research topic that needs research in the field of public law. And among them, solving the moral dilemma around the life rights is one of the most important research fields. In this article, the law and the Constitutional Court of the Republic of Korea set out the criteria for the conflict of basic rights of the right to life in matters such as artificial abortion, euthanasia or dignity death, I have tried to analyze it in the light of what it suggests. As a result of the analysis, the following two conclusions were drawn to the dilemma regarding the right to life of autonomous vehicles(AV). First, our Constitution respects self-determination. Therefore, even if a strong artificial intelligence(AI) emerges and transcends human knowledge and judgment, man's autonomy is a prior and natural legal right, so human judgment should always be given precedence. The recent imposition of a 'kill switch' in the EU resolution is in line with my argument that human judgment should prevail. Second, our Constitution, according to the philosophy of Immanuel Kant, treats human beings as a purpose and prohibits human beings as means. Therefore, it should be prohibited to assign differential value to human life or to calculate utilitarian way of thinking and cost benefit in the case of autonomous vehicle (AV), especially in the collision of basic right of life. However, our Constitution permits the application of the principle of proportional exception under Article 37.2 of the Constitution even in the case of the collision of basic right of life. Therefore, it can not be said that utilitarianism is totally excluded from the situation of collateral rights. In the end, defining the norms of collision of life rights in a autonomous vehicle (AV) is not a matter of discovery but of human – centered rational choice and decision through social consensus. This paper also summarizes the issues related to the constitutional right to equality, property rights, and privacy of autonomous vehicles (AV).

참고자료

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