Robotics & AI Ethics

The fastest growing form of gambling in the world is Internet gambling. Internet gambling creates many new potential problem in modern society. Gambling can be a very addictive behavior, for some it becomes pathological. And the liquid and ever-changing environment of the Internet provides a perfect cloak for criminal activity. One of the primary concern is that the encryption and anonymity of accounts in off-shore gambling sites provides a conduit through which criminals can launder money. Also, the Internet is readily accessible by young people. As such, teenagers also have access to the multitude of new gambling websites. There are good arguments for both prohibition and legalization of Internet gambling. In reality, it is difficult to crack down or ban Internet gambling sites, and laws or policies that reverse people's behavior practices are ineffective. And therefore, it is also argued that it is necessary to bring into the legal regulatory areas to promote economic benefits such as securing the national tax revenue and to use it in the prevention and treatment of gambling addiction. But the argument that it will create new net revenues by legalizing Internet gambling is simply red-herring taxation that misleads the government, because the monies converted from a taxable consumer economy into vacuous gambling account will significantly diminish overall tax revenues. Internet gambling should not be allowed because the sybaritic monetary philosophy will eventually infect, destabilize and destroy the global economy and financial system.

In the midst of the advancement of cutting-edge science and technology, the wave of the fourth Industrial Revolution that has come to the front, there are new types of crime that have not been seen before. The advent of such a dangerous society also results in changes in the role and function of the criminal Law, so the change and the modification of the preexisting criminal theories are called for. This paper also focuses on this point. Especially, the main focus is regarding whether to recognize the criminal identity of the Artificial Intelligence robot and the measure to impute criminal responsibility to it which can be called as the leader of the fourth industrial revolution. At first, regarding whether or not to recognize the criminal identity of the Artificial Intelligence robot, I examined whether it was acceptable or not on the basis of theoretical views that affirm the criminal ability of a corporation. Through these discussions, I could confirm that this frame of thought that only the natural person can have the ability of acting and responsibility should be broken, if Artificial Intelligence robots become recognized as criminal identity later. Next, I point out the there is no legislation in Korea yet in preparation for accidents which caused by Artificial Intelligence robots malfunctions, although these occur frequently. So, I suggested desirable legislative direction. In addition, I examined the possibility of impute the responsibility to the manufacturer and owner related to the penal code interpretation theory, in order to cope with the emergence of strong Artificial Intelligence in the future. At present, the fourth Industrial Revolution is moving forward faster than any other in the past. Also, the development of Artificial Intelligence will further accelerate. Thus, with the change and amendment of the criminal law, fundamental changes will be required beyond the level of simple reconstruction. I expect new legislation to be devised quickly in the near future, with the support of new theories to prove the appropriateness of punishment related to accidents caused by Artificial Intelligence robots malfunctions.

The consent of the victim is that the subject of the legal interest allows the other person to infringe on his or her legal interest, and in some cases it is an effective system to engrave the illegality of the act by consent. In KOREA, as a legislative case, the consent of such victims is prescribed in the Article 24 of the Criminal Law, and it is a mainstream interpretation of our criminal law academics to view such acts as justification of illegal acts as self - defense, emergency evacuation. Of course, we also acknowledge that there is a possibility that the consti-tutional requirement may be denied by the consent of the victim even in this legitimate position. In other words, if the consent of the victim is accepted, the constitutional qualification of the act is denied, and the constitutional qualification is recognized but the illegality is sculptured. The study initiates a discussion on what kinds of legal interests victims of a violation can accept. The consent of the victim is recognized only if the right of the disposition is greater than the social necessity of disposing of the disadvantage. However, there are cases where the willingness of the individual to be consent may be a prob-lem if there are individuals who are also victims of the national and social. There is no doubt that the legal inter-ests of a victim's consent is personal interests, but it will focus on the case of conflict between personal and legal interests. In this case, we will confirm that the consent of the person concerned does not affect the establishment of the crime if there is overlap between personal and legal interests and national and social interests. Next, the dispossessed right will review whether any legal interest is disposable, unless there are special re-strictions. This is to examine whether it is possible to limit the freedom of disposition by law. In this regard, we will consider that it is very difficult to uniformly define the limits for the restriction of consent, and that judging this by an uncertain phrase of social equity is not reasonable in terms of legal stability. It also examines how to see the effect of consent when the consent of the dispossessed person is made for illegal purposes. This is to examine whether it is possible to limit the freedom of disposition by law. In this regard, we will consider that it is very difficult to uniformly define the limits for the restriction of consent, and that judging this by an uncertain phrase of social equity is not reasonable in terms of legal stability. If the consent of the dispossessed person is made for illegal purposes, how to see the effect of the consent shall also be examined.It also examines how to see the effect of consent when the consent of the dispossessed person is made for illegal purposes.

This paper deals with the controversy over the gap between the theory and practice of the concept of forced harassment in Korea, in particular so - called ‘indecent act by blitz’. The concept of ‘indecent act by compulsion’ is necessary for a criminal offense to be established by korean criminal law. However, since the Supreme Court admits that ‘indecent act by blitz’ is one of indecent act by compulsion, there is a difference in opinion on the concept of indecent act by compulsion between the legal practice and legal academia. The concept of indecent act by compulsion includes sexual molestation. The concept of the sexual molestation that academics and practitioners generally agree is as follows. The content of sexual molestation is an act in which an actor acts for sexual stimulation, excitement, or satisfaction, and is an act that causes the victim to feel feelings of sexual shame and disgust, and is an act that infringes the victim s sexual freedom. However, there is a great difference between the general interpretation of the academic community and the interpretation of the practice in relation to the specific scope of indecent act by compulsion, which is the subject of criminal offense. This paper analyzes Supreme Court precedents and academics viewpoints to solve these problems. The purpose of this study is to analyze the meaning of sexual molestation and threat and assault expressed in cases and doctrines and analyze the meaning of sexual self - determination right, the essential characteristics of sexual molestation, and the threat and assault.

According to ‘Act on Citizen Participation in Criminal Trials’, Citizen Participation in Criminal Trials took effect from 1st of January, 2008 in Korea. Korea have accumulated 10 years of experience, and reached the present. Commonly, we call Jury participation criminal trial as Citizen Participation in Criminal Trial. But Citizen Partic-ipation in Criminal Trial is let citizen participate as an Juror to suggest opinion of recognition or right of punish-ment. Therefore, it could increase the citizen’s reliability and democratic legitimacy of judicial. Especially, this act can make understandable trial to both dependent and victim by let ordinary non-legal professional people to participate a criminal trial. This could make an effect on faith and validity of the trial. However, this act have been 9 years in Korea and going to 10th year. And it is time to reconsider this act, that it really effect as we expected when we started. This process is necessary work required for the development and proper settlement of this act. The national involve Judicial Council of Supreme Court in Korea, already work on this process from 2008 to 2012; after the analysis, they confirm the final form. On the other hand, Ministry of justice legislate a notice for twice. This study is look for a procedures of Citizen Participation in Criminal Trial, accomplishment of enforcement and development.