소프트웨어 안전을 위한 입법정책 방안

Abstract

As the size of software (SW) increases, the need to secure quality and safety is increasing in proportion to this. The reason for the need for SW safety is simple. SW is used with essential facilities in various areas, but it is difficult to check how it is handled internally. It is also because the wavelength of the problem that occurs is large. In reality, it is difficult to completely control the defects in SW that may appear during the development process. However, it can be said that the SW is safe in a state in which the defect can be accommodated or maintained at a controllable level. SW safety is threatened by various factors such as the complexity of the SW, the environment in which the SW is used, and the way the SW is developed and operated. Above all, SW errors or defects can cause various problems such as property damage, human life damage, and environmental damage, so the government should recognize the importance of SW safety and take measures to prevent it. To this end, SW safety must be considered from the early stages of SW development, and legal maintenance needs to be carried out so that the safety can be guaranteed throughout the entire SW life cycle such as development, test, and operation. SW safety can be materialized through discussions on constitutional safety rights. As AI algorithms are advanced through machine learning, it is becoming difficult for developers to explain the results due to the black-box effect. In this regard, it is an important policy task to improve the system for SW safety rights and SW safety governance as constitutionally derived basic rights. I think this is why SW safety is included in the government's national task. This is because it is not very different from the purpose of the national task in that it is the ultimate goal pursued by SW safety-related legal systems and policies for public safety. Accordingly, for proactive prevention and ex post relief, we would like to propose legislative policy measures for a governance system related to digital safety, including AI, beyond SW safety as a way to increase the policy effect of the absence of safety systems and governance in various distributed areas to realize a safe digital society through securing internal and external security.