A study on civil liability of Artificial Intelligence

The recent development of artificial intelligence (AI) technology is bringing about changes at a faster pace and on a larger scale than any other period in human history. With technological advancements overcoming the limitations of medical AI through training with databases, AI technology has made remarkable progress since the inception of deep learning for image processing with convolutional neural networks (CNN) in 2012. The recent advancements in natural language processing (NLP) have accelerated the utilization of AI through sophisticated natural language processing, enabling machines to identify and understand data regardless of the complexity of the language. This has laid the foundation for the rapid and precise development of generative AI. In the era where generative AI is being utilized without pausing in its developmental speed, we considered the civil liability of AI in our civil law principles, taking into account the inherent characteristics of AI such as unpredictability, opacity, and the black box effect. To do this, we first examined the legal liability considering the stages of AI technology development in discussing the tort liability caused by AI. Even “Weak AI,” created by AI developers, may fall under “Gefahr,” and while not all types, some may apply to strict liability in terms of risk liability. Furthermore, while reviewing civil liability applicable to AI under fault-based and no-fault liability, we also looked at the trends in the EU comparatively. In discussing no-fault liability, particularly under the Product Liability Act, we examined the possibility and implications of applying risk liability to pharmaceutical manufacturing using generative AI technology as a representative example to overcome the limitations of the existing Product Liability Act. Humanity currently lives in an era of rapid technological development and exploding big data, enjoying numerous benefits due to these advancements. As user convenience improves and massive added value is created through technological progress, the meaning of risk liability in the realm of civil liability can gain more significance. Generative AI has already drastically reduced the costs and time required for new drug development, providing substantial profits to pharmaceutical companies. However, even if the existing Product Liability Act is applied, it may be difficult to adequately remedy the harm to victims due to the reasonable alternative possibility defense regarding design defects. In the era of generative AI, we examined the possibility of applying enhanced risk liability by assuming the case of pharmaceutical manufacturing.