「국가사이버안보법안」의 행정법적 고찰

Abstract

The establishment of “the National Cyber ​​Security Strategy” is considered to be important enough to be regarded as a representation of the national responsibility of cyber security. "The National Cyber ​​Security Bill", a government legislation related to cyber security, can also be regarded as emphasizing collaboration between ministries and public-private cooperations in designing administrative organizations and administrative functions on cyber security. Emphasis on inter-ministerial collaboration and public-private cooperation in the establishment of cyber security administrative organizations can be considered as a general trend of advanced countries. Appropriate allocation of cyber security-related roles of ministries is required around the National Security Office. In addition, it is necessary to positively guarantee the practical role of the National Intelligence Service, which has been dedicated to cyber security in the public sector. In this regard, it is necessary to take note of the example of the United States, which is gradually strengthening the management or coordination of policy and strategic perspectives, and the management or coordination functions from an operational perspective, particularly centered on the White House or the Department of Homeland Security. This article examines the administrative law on organization and acts from “response” against the “challenge” of atypical and indiscriminate cyber attacks. First of all, in terms of administrative organizational law, this study presented the ideas related to the establishment of the cyber security administrative organizational system such as control tower, inter-ministerial cooperation and public-private cooperation, which are required for future legislation. Next, in terms of administrative act law, it also reviewed and discussed below as the objects and legal interests of the administrative act and suggested the desired legislative direction: cyber security, cyber security and administrative legislation, cyber security and administrative plan, cyber security and Judgement margin, cyber security and administrative investigation, and cyber security and privacy. It is important to establish cooperative governance and to ensure the coherence of administrative laws by establishing control towers on cyber security, establishing cooperative systems among ministries, and establishing public-private cooperative systems. I am hoping that further research will be conducted in the future after this article and that this article contributes somewhat to make the public debate for national cybersecurity legislation.