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A Comparative Legal Review on the Regulations for the Use of Drone in Korea and Japan

  • Public Land Law Review
  • Abbr : KPLLR
  • 2017, 80(), pp.167-191
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Seok,Ho-Young 1

1명지대학교

Accredited

ABSTRACT

With the global spotlight on “the Fourth Industrial Revolution”, a new industrial era based on the most advanced information and communication technologies such as the Internet, Artificial Intelligence, Big Data and Cloud Computing, “Drone” using the artificial intelligence technology in particular is gaining widespread attention worldwide. The drone, which was originally used for the military purposes such as a bombing, a reconnaissance, etc. as “the Unmanned Aerial Vehicle”, is being utilized in various fields such as communication, surveillance, lighting, filming, observation, rescue, etc. nowadays, and its role and utilization are even getting greater around the world. To keep pace with this trend, in early 2016, the Ministry of Land, Infrastructure, and Transport has selected the seven new industries, which are able to lead “the Fourth Industrial Revolution” to the future, like the Space Information, Drone, Autonomous Vehicle, Seawater Desalination, and REITs, and the Ministry of Land, Infrastructure, and Transport increased its budget by 56%(45.2 billion KRW increased compared to the budget of 81 billion KRW in 2016) in order to strengthen the supports for “the Fourth Industrial Revolution.” Especially, the budget related to “Drone” in 2017 was increased five times more than the budget in 2016. Despite the fact that the utilization of “Drone” is expanding worldwide, there has been some limitations to the universal use of “Drone” due to the safety during the use of “Drone”, the invasion of privacy, the protection of personal information obtained by the use of “Drone”, the infringement of property rights by the use of the upper part of the lands owned by others, etc. To prevent or eliminate these problems, it would be desirable to regulate the use of “Drone” to a certain range by law, but it would be legally challenging to determine the criteria at which the standards are based. Therefore, it shall now be necessary to acquire and suggest some implications obtained by reviewing how other countries regulate the use of “Drone”, so this paper examines the legal system of the use of “Drone” in Japan which is geographically close to Korea and which has the legal system similar to Korea, and it presents implications applicable to Korea.

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