The paper reviewed legal issues of surgeries using surgical robots in criminal law context. More specifically, the purpose of this study was to examines legal issues regarding medical accidents caused by surgical robots from the criminal law perspective and present policy alternatives. To this end, it examined the surgical robots which are used in the medical field and briefly touched on history of surgical robot development, types and the specific medical sectors where the robots are used. This paper explored system and operation method of 'daVinci' and 'cyberknife' which are widely used in surgery and then compared advantages and disadvantages of the two surgical robots. It also present an overview of robotic surgery in Korea. Then it provides the current status of surgical robot in foreign countries mainly focusing on the U.S, Germany and Japan where surgical robots are widely used and research on them is actively carried out. It also assesses the laws and systems to govern surgical robots and any legal issues on malpractices or medical accidents caused by them as well as cases laws of each countries, and then presents suggestions to related legislation in Korea. Like other medical accidents, a number of standards of surgical robots has been established based on the civil law and judicial precedents. In this respect, this paper discussed civil liabilities first and then criminal responsibilities of medical mistakes caused by using surgical robots. It is true that civil liabilities partly overlaps with criminal responsibilities in dealing with major issues on medical accidents caused by surgical robots, for example, the duty to exercise due diligence and duty to explain. To make sure which part is overlapped, this paper compared those two duties by reviewing several common cases. Lastly, it presents suggestions on related legislation and policy alternatives which are needed to make a determination or resolve medical accidents caused by surgical robots.