Potential Liability Issues of AI-Based Embedded Software in Maritime Autonomous Surface Ships for Maritime Safety in the Korean Maritime Industry

Abstract

Maritime Autonomous Surface Ships (MASS), an emerging area of digital advancement in shipping and shipbuilding industries, presents a different legal paradigm from that of existing ships. Existing maritime-related industries, including shipping, shipbuilding, and logistics, based on large hardware called ships, are rapidly changing into highly autonomous software-centered structures. This study is focused on analyzing the legal issues in preparation for MASS’ commercial operations in the future by applying comparative methods centered on the Republic of Korea and the United Kingdom. The study’s results contribute to the criteria for the manufacturing responsibility of autonomous ship-embedded software and a desirable legal policy improvement plan. Various legal issues and macro legal policy directions related to software product liability were identified. The study also presents concrete implementation strategies to achieve an ideological harmony and a balance between equitable damage relief and the advancement of related technologies to ensure maritime safety in the maritime industry. Based on the issues identified and their legal policy alternatives, it is hoped that the institutional ideal of product liability, which promotes technological advancement and protects consumer rights, is realized in the software domain as well.