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The Study on the Regulation for Global Cloud Services - focused on the Legal Duty and Effective Administrative Measures -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2020, 90(), pp.199-230
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : May 1, 2020
  • Accepted : May 22, 2020
  • Published : May 25, 2020

Sung Bong Geun 1

1서경대학교

Accredited

ABSTRACT

The corona virus is changing the global economy and society. One of them is the increased use of cloud services. Post-Corona society and government have become more dependent on cloud services. By the way around the cloud service, global cloud service companies use market dominant power to abuse or inadvertently cause damage to users, and even cross the border and cause conflicts with administrative bodies such as the state and local governments. Despite the recent legislation of Act on the Development of Cloud Computing and Protection of its Users, there is a wide range of things that have not yet been identified. The challenge remains how to fill the legislative gap successfully. The recent international trend of regulation is not only ‘high-level regulation’ but also ‘Self-Regulation’’ or “Regulated Self-Regulation' which has the characteristics of co-regulation. In this paper, however, the scope of the study is reduced, focusing on effective administrative measures for global cloud services as high-level regulations. In this regard, we reviewed the significance, legal obligations, and effective administrative measures in case of failure to comply with global cloud services. Therefore, it should be noted that this study stands on the premise to be used with self-regulation or regulated self-regulation. Administrative Penalties should be used for minor violations rather than Criminal Penalties. However, there is also a challenge in the market for Administrative Penalties. Act on the Regulation of Violations of Public Order and the legislative system of Act on the Development of Cloud Computing and Protection of its Users should be maintained as general-concrete legislation system, but the specific and individual contents of the penalty shall be legislated and applied differently in accordance with the peculiar nature. In addition, I believe that we should not only impose penalties but also combine other effective means without departing from the principle of proportionality. However, in order for the effect to be a real success, it is very important to use new penalties to eliminate illegal profits. It is also necessary to raise the new penalty amount to an effective level. Furthermore, for global cloud companies, as shown in Europe, naming global companies in the science and technology market and giving them shyness and shaming by indicating the violations are more effective. Therefore, it is necessary to actively use public announcements in administrative law. In order for the government's regulation of this market to be constitutional and justify, without under- or over-regulation, it is necessary to apply and comply with the principle of proportionality.

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