인공지능 발전에 따른 인격권 문제에 관한 검토 ― 중국에서의 논의를 중심으로

With the rapid development of science and technology the interest in artificial intelligence (AI) has increased worldwide. The pace of development of artificial intelligence is very fast and is already becoming one of the strategic means of development in advanced countries. Artificial intelligence technology is at the forefront of high-tech development and has important significance in terms of global economic prosperity improvement of quality of life etc. However advances in artificial intelligence technology are also causing legal concerns over areas that have not been a problem in the past. Personal rights is a right exclusive belongingness rights. Rights holder enjoys the right to fully control his personal interests and is a person who maintains and guarantees the independence of his character. Personality dignity is the basis of general personal interests, and at the same time is one of the most important core values. However, the development of artificial intelligence technology leads to the violation of human rights such as names, portraits, privacy and personal information of natural people by artificial intelligence. In the the recent enactment of the Civil Code, China provided a separate chapter on personal rights and stipulated matters related to personal rights. By clarifying the details of personal rights in the Chinese Civil Code, an institutional mechanism was prepared to protect human dignity and freedom and it can act as a legal means to protect the rightful in the event of a violation of personal rights by artificial intelligence. Therefore this paper seeks to examine the issue of infringement of personal rights that may arise as artificial intelligence develops along with the provisions of Civil Code, focusing on discussions in China.