With the development of AI technology, study on the legal personality of AI products has also been actively conducted in Civil Law. In order to discuss the theory of Civil responsibility related to AI, research on legal personality of AI should be preceded. This study attempted to examine in what the civil responsibility directed to. To research of this, first of all, what AI is and how to define AI technology in the field of Civil law. And then the characteristic of AI technology were summarized. Due to the treat of AI, it has natural character of unpredictability that results can vary from user to user through Deep Learning while operating the input in Algorithm. A basic discussion on the legal personality of AI technology was introduced based on this characteristic.
In the Legal Personality Positive theory, since AI products are unpredictable, there is a real need for legal status to give responsibility for the occurrence of damages, and the legal personality is fundamentally a legislator’s decision. On the other hand, Negative theory on Legal Personality refutes the view of Positive theory and expresses that AI products are only tools uses by humans and cannot be the subjects of expression of intention. However, even if it is Negative side, the possibility of being a legal personality is left when it comes to have a recognition in the future. If High-performance available AI with the same level of human beings’ thought or emotion(mind), it can be permissible. Therefore, as a Third view, I summarized the view that the recognition of legal personality may be possible if the discussion on the community is based on the future technology stage rather that the current technology level.
Finally, civil liability related to AI products was divided into negligence liability and no-fault liability. Future AI technology level, which is highly developed, will replace human labor and guarantee large profits for manufacturers, so there is a possibility that the discussion of legal personality related to AI technology can be extended from the current technology status.