「정보통신안전법」의 제정 필요성 - 필요성 및 기본 구상 -

Abstract

This article deals with the necessity of establishing an “Information and Communications Safety Act” in South Korea. If for some reason an “Information and Communications Safety Act” is necessary, and if it is enacted, how it should be structured? Currently, our legal system has separate legislation regulating physical disaster and cyber infringement. It is doing ‘dual response’ about so - called “information communications disaster”. Examples of the former are “Framework Act on the Management of Disasters and Safety”, and the latter examples are “Act on the Protection of Information and Communications Infrastructure” and “Information and Communications Network Act”. However, as shown by the KT fire accident in 2018, this dual response system is limited. Above all, modern society is transformed into a hyper-connected society by the Internet (IoT) etc. This is because, in the modern hyper-connected society, “fusion disasters” in which physical disasters and cyber disasters are fused together are increasing. In order to solve these problems, it is necessary to establish a new “Information and Communications Safety Act” which integrates the “dual legal system”. This article argues that: First, we examine the characteristics of modern society (II). Here, the “hyper-connected society” and the “secure society” are reviewed. Next, we examine for what reasons the “Information and Communications Safety Act” is necessary (III). The limitations of the dual legal system, the need for systematization and governance issues are discussed here. Furthermore, the contents of the “Information and Communications Safety Act” should be examined (IV). This is done in terms of normative purposes, the concept of information and communications disasters, governance, and regulatory means. At this time, the “Framework Act on the Management of Disasters and Safety” becomes its legislative model.