네거티브 규제의 재검토

Abstract

With the 4th industrial revolution in full swing, the success or failure of a company and a nation’s competitiveness depends on how quickly it accepts and fosters new industries based on new technologies. The government, accordingly, has been pushing the negative regulatory policy as a core policy by foreseeing the aspects of new industries to come in the future, discovering anticipated regulatory issues, and converting to a negative regulatory method. However, as the concept of negative regulation has been used as a concept encompassing heterogeneous elements that meant deregulation, the term and its meaning does not match. This paper forms a concept of negative regulation as negative list regulation, and comprehensive negative regulation as ‘Principle of Preferential Permission and Ex-Post Regulation’. Negative regulation plays a role in sustainable economic growth by facilitating market entry of new technology services and goods. Negative regulation, however, does not hold good in every case. Negative regulation is appropriate unless it endanger safety, life, and/or health of people or cause serious irreparable damage to the environment. In addition, negative regulation presupposes a regulatory environment in which risks to the public interest can be effectively resolved by private self-regulation in order to function properly. Civil and criminal systems such as punitive damages or heavy criminal punishment are also necessary factors to build mature corporate practices. In a situation where it is difficult to expect mature self-regulation, the introduction of negative list regulation need be done with caution. In addition, the introduction of negative regulation requires the following two considerations: First, it is necessary to ensure that the meaning of the negative regulation method is not faded by clearly stipulating the prohibited matters. Second, a plan need be prepared to secure post-responsibility for side effects that may occur due to deregulation as much as it guarantees autonomy.