과학기술 혁신과 시장진입규제 - 신산업 분야 규제개선 논의의 비판적 수용론을 겸하여

Abstract

This study analyzes the strained relationship between technological innovation and regulation, while it seeks to resolutions that makes a virtuous cycle between the two. The author mainly focuses on the ex ante market entry regulations that are taking place in the field of Information and Communications Technology (ICT). Generally speaking, the ex ante market entry regulation contains several conundrums required to be resolved relating to technological innovation. The ex ante regulation not only restrains individual’s creative desire with regards to technological innovations but also blocks possibilities of another chain reaction which might be triggered by the technological innovation. Being allowed to enter the market without any regulations from the beginning, unrecoverable and/or irreversible risks may be realized so that the society can be enormously harmed being revealed to the dangers as it is. The process of finding resolutions for the above-mentioned issues are referred to as regulatory reform. First of all, the author suggests to further promote the current discussions on ‘smarter regulations’ and/or ‘better regulations.’ Then, the author especially criticizes on a recent discourse on ‘negative regulation’ not only being ambiguous but also having not much use in legal practice that this concept should be no more than considered as a guideline to make the regulatory legislation. In order to legitimize regulation in convergence area, it is necessary to dissolve time lag, secure flexibility of regulations, distribute the powers among multiple administrative offices and to maintain ex post regulatory accountability system as a whole. Regarding to the ICT, the “Special ICT Act” provides both quick processing and temporary permission system. The systems aim to promptly provide new convergence technologies and services in the market, enabling quick processing of the services but preventing the cases where the services are not allowed be released because of an absence of a regulatory system which would result from the services not being in line with the existing permission system or uncertainties over the application of the existing system. On the other hand, the “Industrial Convergence Promotion Act” allows the Industrial Convergence Development Committee to suggest improvement plans for the new products of industrial convergences – the activities for innovating existing industries or creating new industries with societal and market values through creative combination and convergence between industries, between technologies and industries, and between technologies. This articles encompasses the two above-mentioned systems and the other relating bills currently pending in the National Assembly. In conclusion, for improving the market entry regulation through regulatory reform, the author argues to clarify regulatory responsibility system plus to maintain ex post regulatory system throughout the whole regulatory span.