개인형 이동수단(Personal Mobility) 관련 법제에 대한 고찰

Abstract

Personal Mobility(PM) is a means of transportation for one or two persons who mainly use electric power, and includes various mobile devices such as an electric bicycle, an electric kickboard, and an electric wheel. Beyond simple leisure activities, PM have attracted much attention for eco-friendly short distance transportation. However, the current domestic legal system is in a state of disadvantages such as disciplinary voids and regulatory inconsistency due to insufficient discipline for, despite the existence of various laws such as “Road Traffic Act” and “Automobile Management Act”. Especially, the regulations regarding the legal characteristics of PM are unclear and the related administrative agencies are scattered, making it more difficult to solve the legal problems surrounding PM. In the case of foreign countries, attention is paid to cases of Germany that established its own administrative legislation and cases of Japan dealing with this issue through special measures for regulating. On the basis of this analysis, we tried to derive the direction of each type of legislative method by dividing the legislative contents and the legislative form in relation to the PM. The main substantive legislative contents to be included in the legislation related to PM include the definition and scope of PM, the safety standards of PM, the possibility of road use and transportation of PM, and whether or not they should be insured. First of all, harmonious comparisons should be made with respect to the policy goals of revitalizing PM and ensuring the safety of PM. Regarding the improvement of the legislative forms related to PM, a new single legislative system and a revision of the existing legal system were analyzed. As a result of the analysis, it was concluded that the most effective way to improve the legal system related to PM is to proceed to establish the law on the use and management of PM independently.