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A Study on the Regulation in Intelligent Information Society

  • Public Land Law Review
  • Abbr : KPLLR
  • 2017, 79(), pp.737-760
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Kwonil KIM 1,  Jae-Ho Kim 1

1충남대학교

Accredited

ABSTRACT

This study focuses on the arrival of the 4th industrial revolution, the meaning of regulation regarding the preparation of Intelligent Information Society and issues surrounding these discussions. Especially due to unpredictable technological advancements and the speed of development in Intelligent Information Society, members of society, such as developers and consumers inevitably lack of clarity. In order to solve this problem, the need regulation comes to the fore. Despite the need for regulation, the problem about how it should be regulated arises. First, there is problem of whether it should be regular regulation or separate regulation. An example of regular regulation is to decide on a general law for Intelligent Information Society to regulate all details. However, Intelligent Information Technology includes a wide breadth of technology such as artificial intelligence and Internet of things, which could cause problem with clarity of regulation target. Therefore, difficulty may occur when regulating Intelligent Information Technology with general laws. As a principle, regulation regarding Intelligent Information Technology should be separate and specific. Starting with separate and specific regulation, it would be more valid to create a general law after gathering common details. When looking at Intelligent Information Technology, especially artificial intelligence, regulating object can be distinguished developer the technology itself. For technological innovation and development, regulated self-regulation would be more appropriate command-and-control for regulation regarding developers. On the other hand, command-and-control regulation and regulated self-regulation would be valid in case of regulation regarding products that are directly associated with users’ safety. Expansion and application of temporary permission policy will be needed to resolve the absence of regulation in Intelligent Information Society. However, considerable discretion will be needed when providing regulation sandbox polic about un-regulation and deregulation.

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