• Informatization Policy
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• v.30 no.1
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• pp.67-88
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• 2023

The expansion of the scope of product liability is necessary because the industrial environment has changed following the enactment of the Product Liability Act. Unlike human-coded algorithms, artificial intelligence is black-boxed according to machine learning, and even developers cannot explain the results. In particular, since the cause of the problem by artificial intelligence is unknown, the responsibility is unclear, and compensation for victims is not easy. This is because software or artificial intelligence is a non-object, and its productivity is not recognized under the Product Liability Act, which is limited to movable property. As a desperate measure, productivity may be recognized if it is stored or embedded in the medium. However, it is not reasonable to apply differently depending on the medium. The EU revise the product liability guidelines that recognize product liability when artificial intelligence is included. Although compensation for victims is the value pursued by the Product Liability Act, the essence has been overlooked by focusing on productivity. Even if an accident occurs using an artificial intelligence-adopted service, however, it is desirable to present standards according to practical risks instead of unconditionally holding product responsibility.