국가사이버안전법제의 방향에 관한 연구

Abstract

Today’s society is becoming the technology advances of the past 100 years made are implemented in a year or two years, such speed is more accelerated and that direction is the real-time supplies on demands through ICT convergence products that can meet the human needs of all regions(political economy. healthy.welfare, culture and so on) based on Internet. Individuals, communities and Nation under the hyper connected society are connected each other like the same organism. That is why the cyber-attacks on private premises is threatening the social and national security. In other words, Individuals, Communities and nation are the same destiny from the cyber threatens, so National Cyber Security is also true for personal safety and vice versa. Shortly, there are conflicts between demand for cyber security and privacy requirements, the elimination of these conflicts is a key element of national cyber security strategy. Neglecting the cyber security in order to maximize personal privacy is meant to entrust our fate to the tyranny of hostile forces. On the other hand, if oriented to maximize the cyber security will fade democracy and to establish a totalitarian environment. As a result of the investment of our domestic and foreign enterprises and are kkichige an adverse effect on economic activity will result in undermining the country’s economic security. Therefore, legislation for the National Cyber Security requires a balance between the legal interest of national security and personal privacy. Based on this recognition, legislation for the National Cyber Security will be designed as follows: 1. Executive Agency for the Safety of National Cyber shall belong to the President as a head of state that is responsible for the entire nation. 2. As a hub to connect the private and public institutions is an independent administrative entity to be established and this allows corporations to respond in real time to allow cyber threats. 3. The National Cyber Security Act to be enacted defines the standard precautions that can be taken, depending on the level and the level of cyber crisis. and so let the people know the contents of the right limited by the level of the cyber risk. 4. Malware Prevention Act considering the nature of cyber threats should be enacted to supported a “National Cyber Security Act”. In addition to the highest levels of national cyber crisis response is to enable national total war “Emergency Preparedness Resource Management Act” should also be amended. 5. On the one hand, an independent administrative corporation share information on national cyber threat as a public authority and, on the other hand, should be trained civilian experts to respond to cyber threats.