자율주행자동차의 도로 실험을 위한 입법동향 – 일본을 중심으로 -

Abstract

This paper looks at the recent trends of autonomous vehicles policy and legal system such as guidelines for road test of autonomous vehicles in Japan and searched for implications in Korea. There are many cases in which the Japanese government pushes the government’s policies on high-tech industries. The Strategic Headquarters announced the “Government and Citizen ITS Initiative․Roadmap” three times from June 2014, and announced on May 30, The autonomous driving roadmap was announced for the fourth time in consideration of the latest trends. In addition, the criteria that autonomous vehicles must comply with in order to conduct experiments on the road include the “Guidelines for Road Demonstration Experiments on Automatic Driving Systems” published by the National Police Agency in 2016 and there is 「standard of handling of application for road use permission related to road demonstration experiment」. In Korea, the Motor Vehicle Management Act defines the temporary operation permit system and the test driving requirements for autonomous vehicles for testing and research purposes. However, the Automobile Management Act and the Road Traffic Legislation have legislative purposes of guaranteeing the safety standards of vehicles and road traffic of vehicles, respectively. This regulates the management and traffic of ordinary cars, not the law to deal with unusual situations such as autonomous vehicles. However, regarding the operation of self-propelled vehicles for testing and research purposes, the Automobile Management Act provides some operational standards including safety standards for vehicles. On the other hand, the road traffic legislation does not legislate for the operation of autonomous vehicles or for the test purposes. The driving standards for the test purposes of the current Automobile Management Act are subject to the provisions of the Road Traffic Act. Since the road use relationship of a general automobile is permitted to be registered under the Motor Vehicle Management Act of the automobile, the Road Traffic Act falls under the free use relationship in which no separate permission is required. because the safety of the vehicle is assured, so that no additional condition is required. However, since autonomous vehicles for test and research purposes are not yet secured, it is difficult to see that the operation of road traffic is completely guaranteed by obtaining permission for temporary operation under the Motor Vehicle Management Act. This is the reason for the need for discipline in terms of protecting the users of road traffic and the automobile industry. Therefore, the current attitude of the legislative system on the operation of autonomous vehicles for testing purposes will be difficult to deny the inadequacy or error of legislation as a whole.