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Study on the Public sector cloud regulation status and improvement tasks- Focusing on the study of self-regulation and regulated self-regulation -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2021, 96(), pp.213-241
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : October 31, 2021
  • Accepted : November 22, 2021
  • Published : November 25, 2021

Sung Bong Geun 1

1서경대학교

Accredited

ABSTRACT

Corona virus is causing many changes in the public sector as well as in the private sector such as our society and businesses. Based on Information and Communication Technologies (ICTs) and the 4th Industrial Revolution, the use of cloud services has exploded not only in schools, businesses, markets and homes, but also in the state and local governments. Now, cloud services are becoming increasingly active not only in the private sector but also in the public sector. Recently, the Korean government is expanding cloud adoption in the public sector in order to implement the ‘digital innovation plan’ at the Cabinet meeting. Cloud services are becoming essential even in the public sector in that they can manage and process rapidly increasing traffic in a disaster or high-risk society that requires non-face-to-face and contactless methods due to the Corona crisis. The Korean government enacted the 「ACT ON THE DEVELOPMENT OF CLOUD COMPUTING AND PROTECTION OF ITS USERS」. In such a situation, if the cloud service provider commits an act that has defects in reliability, safety, security and technology, the damage occurring in the public sector becomes a serious situation that cannot be resolved only by post-remedies. However, the state cannot monitor and regulate cloud services individually. Therefore, important issues such as whether it is possible to obtain an orderly legal approach while respecting the autonomy of the cloud service market and, if possible, what kind of method should be taken, are becoming important issues. In this paper, the focus of this study is on effectively improving the regulation of public cloud services through self-regulation and regulated self-regulation. The key is to maintain the level at which public sector cloud services are properly provided as public services. Now, public goods are not only important for tangible objects such as personal property and real estate, but also public services such as public sector cloud. Combining the laws and regulations, the Minister of Science, ICT and Future Planning may cancel the registration of a digital service registered in the use support system through the review of the committee. Cancellation of the Minister's registration is a traditional high-authority regulation, and it is a single act of power by the administrative agency, which corresponds to the disposition under Article 2 Paragraph 1 of the Administrative Litigation Act. If the reasons for cancellation of registration are classified, there is a case of ex officio cancellation issued to remove defects that have been incorrectly registered. While the government completely amended the 「Procurement Business Act」, it is required to implement a 'digital service contract system' so that 'regulated self-regulation' can be used in various digital service fields such as public sector cloud services. Through this, it is possible to take and analyze the method of mixing so that public sector cloud services are properly provided. Improvements and changes in these laws are justified because they are to revitalize the market by utilizing an appropriate regulatory mix. In the future, various regulations should be utilized more flexibly and effectively.

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