제4차 산업혁명시대에서의 입법과제와 입법부의 대응방안 - 입법방식과 입법시스템의 정비를 중심으로 -

Abstract

This paper aims to examine the impact of Industry 4.0(the Forth Industry Revolution) and its legislative countermeasures focusing on the improvement of legislative methods and system. There have been a few studies on the regulation in the era of Industry 4.0, but there have been few studies on legislation in. The legislation related to the Industry 4.0 should have forms of temporary legislation and step-by-step legislation. It also needs to adopt methods of flexible legislation to embrace diversity. We should strength legislative capacity of legislature, and quickly enact laws that govern new technology and new industries. We should expand the administrative legislation or administrative discretion, and proportionately seek a method for administrative and judicial control over them. Measures against legislative delay should be prepared. And, measures should also be prepared to prevent and control delays in legislation. The legislative and regulatory methods should be developed for new Industry 4.0 and new technologies. Under the positive regulation, we should introduce a regulatory sandbox system or a temporary permission, and provisionally adopt method to admit new technologies and new industries. In Korea, where judicial and criminal regulations are weak and autonomous regulation is not developed, it is necessary to take a cautious approach to the introduction of negative regulations. All regulations can not be made only by positive regulation or negative regulation. Depending on the regulated object, it is necessary to decide whether to perform positive regulation or negative regulation. The enforcement conditions should be set together so that the legislative purposes can be effectively achieved. The Industry 4.0 can cause a crisis in legislation. It can also expose the limits of legislative capacity. The crisis must be overcome by improving legislation and restructuring the legislative system. We should build a cooperative legislative platform, with Artificial Intelligences, citizens, concerned persons, and experts participating in legislation. It is also important to enhance the professionalism and ethics of legislators.