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Is Electronic Personhood an Effective Solution to the Problem of Responsibility Gap?

  • PHILOSOPHY·THOUGHT·CULTURE
  • 2025, (49), pp.93~116
  • Publisher : Research Institute for East-West Thought
  • Research Area : Humanities > Other Humanities
  • Received : September 17, 2025
  • Accepted : October 13, 2025
  • Published : October 31, 2025

Ko, Insok 1

1인하대학교

Accredited

ABSTRACT

This paper examines whether electronic personhood, which has been proposed and discussed as a legal solution to the responsibility gap problem caused by highly autonomous AI robots, is an effective solution. First, this paper frames the evaluation not as a debate on the attributes of AI robots and the nature of personhood, but as a matter of rationality that weighs the benefits and costs of social artifacts. The examination reveals that the electronic personhood entails risks related to the management of liability funds and faces a significant obstacle in the identification and re-identification of the person. The problem is that unlike humans, who exist based on a single unique body, an electronic entity is by its nature characterized by multiple realizability. Its functionalist identity lies in the software, making it susceptible to operations such as copying, modification, and combination. This becomes a fundamental problem because it makes it difficult to guarantee the uniqueness and continuity of the subject, which are prerequisites for the attribution of responsibility and liability. Therefore, this paper concludes that electronic personhood is not an effective solution for resolving the problem of responsibility gap that arises from ever-widening use of autonomous AI robots.

Citation status

* References for papers published after 2024 are currently being built.

This paper was written with support from the National Research Foundation of Korea.