ICT 법체계 개선에 관한 입법학적 검토

Abstract

This article analyzes ICT legal system for the purpose of its substantial revision in the perspective of legislative studies. Although ICT regulatory revision have been implemented in recent years, it is estimated that the revision could not achieve its purpose. Therefore, it is necessary to try to improve the ICT legal system on the basis of in-depth analysis in this step. Korean ICT legislations have been added relevant regulations on the purposes of national policy needs rather than the coherent or systemic directions till now. As a result, there occur some problems that the provisions are mixed internally or the laws are overlapped externally. These are the critical points of Korean ICT legal system. Ultimately, these problems cannot be solved by making an individual law or provision, and the legislative revisions should be implemented in long-term point of view. It needs to consider the architecture which is a technical structure of network as legislative facts for the purpose of the revision of ICT legal system. The architecture has the characteristics such as connectivity, openness and plasticity. On the basis of this scheme, this article analyzes ICT legal system in the perspective of legislative techniques, internal coherence, external coherence and detailed legislative skills, and identifies the problems of acting ICT legal system more clearly. In conclusion, this article suggests the necessity of planning the revisions of ICT legal system in the long term, using the legal type of basic law. Moreover, the basic law should include the principle of making governance, the principle of setting regulatory subject or scope, and the principle or direction of legislative revision in order to enhance flexibility and predictability in the course of legislative revision.