실증을 위한 규제특례 제도에 관한 공법적 고찰

Abstract

In the domestic legal system, laws on the Regulatory Exceptions for Demonstration are gradually increasing. In accordance with the government's policy to gradually expand the regulatory sandbox system for each department in charge, it is expected that legislative attempts to introduce the Regulatory Exceptions for Demonstration will continue in the future for each field. In particular, the Regulatory Exceptions for Demonstration are almost overwhelming other measures in terms of quantity. The term "Regulatory Exceptions for Demonstration" means not applying all or part of the relevant regulation to a new product or service for tests, verifications, etc. of the new product or service when it is impracticable to conduct business because it is impossible to apply for permission, approval, certification, verification, authorization, etc. for the new product or service under other statutes or regulations; because the statutes or regulations applicable to permission, etc. do not provide for standards, specifications, requirements, or the like; or because it is inappropriate to apply thereto the standards, specifications, requirements, or the like under relevant statutes or regulations. This system has a legal characteristic as an administrative disposition that is differentiated from other regulatory systems. In this regard, the relationship between the principles of legal administration, protection of basic rights, the principle of equality, and the principle of protection of trust should be discussed. The legal issues of the Regulatory Exceptions for Demonstration include the lack of clarity of the rules on concepts, requirements, and follow-up measures, the lack of consistency of rules in individual laws, and the lack of effectiveness of the rules. The first direction for improving the legal system to solve these problems was the establishment of the legal status of the Regulatory Exceptions for Demonstration, including the verification of safety. The second direction for improving the Regulatory Exceptions for Demonstration is to propose the reorganization of the legal text to solve the problem of inconsistency in the legislation. The final direction for improving the Regulatory Exceptions for Demonstration is strengthening and subdividing the procedure for improving the legislation. It is hoped that theoretical studies will be conducted more actively in order to resolve the legal problems on the Regulatory Exceptions for Demonstration more reasonably.