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Legal tasks on the regulatory sandbox of ICT convergence technology and services

  • Public Land Law Review
  • Abbr : KPLLR
  • 2020, 92(), pp.289-318
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : November 2, 2020
  • Accepted : November 23, 2020
  • Published : November 25, 2020

KIM, NAM WOOK 1

1송원대학교

Accredited

ABSTRACT

In the era of the 4th industrial revolution, new technologies and services such as artificial intelligence, blockchain, Internet of Things, smart machines, and big data such as ICT convergence may not comply with relevant laws and regulations, and thus there is a concern that the development of ICT convergence may be impeded. Active self-regulation, smart regulation, or deregulation is required by negative regulation, active administration, and regulatory sandbox. Under the ICT Convergence Act, the regulatory sandbox system includes a rapid processing system, a batch processing system, a temporary permit system, and a special case system. New technologies and services such as ICT convergence have a lot of room for conflict with the regulations stipulated by the existing laws and regulations, and the dimension of the legal administration There is a need to reasonably improve the licensing system of related laws and regulations through temporary permits or special cases for demonstration. The main cases of regulatory sandboxes related to ICT convergence in Korea, the legal system of regulatory sandboxes under the ICT Convergence Act, and comparative legal review of regulatory sandbox legislation related to the United States and Japan, seek implications for Korea. It is true that the expiration date of temporary permission for new technologies and services such as ICT convergence or the validity period of the demonstration special case is guaranteed for a longer period compared to other countries, but it is regulated until the relevant laws are reorganized to ensure the consistency between the regulatory sandbox legal systems and the stability of the sandbox participants The sandbox should be made valid so that the actual rule of law administration can be implemented. In addition, there is a regulatory sandbox only in Korea for new ICT convergence technologies and services, but standards must be set and active cooperation between countries so that the regulatory sandbox can develop in the global market. Finally, regulations related to new technologies and services of ICT convergence In order to lead the 4th industrial revolution rather than focusing on the number of cases, the administrative decision should be made by interpreting the regulatory sandbox according to the principle of active administration, and the requirements for temporary permission and special cases for demonstration should be reviewed according to the proportional principle. something to do.

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