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Legal responsibility of artificial intelligence robot directors appointed by the corporation - Focusing on issues related to Shareholder Derivative Suit -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2024, 12(2), pp.591-611
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : May 3, 2024
  • Accepted : May 22, 2024
  • Published : May 31, 2024

Kim Hyun Woo 1

1조선대학교

Accredited

ABSTRACT

Recently, robots equipped with artificial intelligence are being used in a variety of environments, including general homes, large department stores, and public institutions. In particular, the news that an artificial intelligence robot has been appointed as the CEO of a company for the first time in the world is surprising and shocking to many people. It is not easy to predict how well these artificial intelligence robots will be able to run a company in the future. However, there is a need to discuss relief measures in cases where artificial intelligence robots do not perform their tasks properly. If an artificial intelligence robot director appointed to a stock company causes damage to the company, the director must bear legal responsibility. Under the Commercial Act, if a director causes damage to the company, the company's shareholders can file a Shareholder Derivative Suit against the director. Therefore, it is necessary to examine whether such a Shareholder Derivative Suit can be filed even if an AI director causes damage to the company. To achieve this, we must first consider whether an AI director can become a party to a representative lawsuit under commercial law. In addition, in order to recognize the capabilities of the parties, it must be examined whether legal personality can be granted to an artificial intelligence director, and it must also be discussed whether such legal personality can be the same legal personality as a natural person. The first appearance of an artificial intelligence director suggests that various artificial intelligence robots will be used in various fields of society in the future. Therefore, in relation to artificial intelligence directors, the question of whether the relevant laws and regulations applicable to natural person directors can be applied equally is expected to be an important indicator in dealing with legal liability issues for artificial intelligence robots that will be active in various fields in the future.

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