사이버보안법의 제정 필요성에 관한 연구 - 미국법과의 비교를 중심으로

National Cyber Crisis Managing Act was proposed in 2008. It is composed of 20 sections and provides a systematic managing process and procedure against cyber attack. The U.S. started to recognize problems surrounding cyber attack from Clinton administration and established a cyber security system including making Department of Homeland Security under Bush administration. President Obama continues to make such a effort and appoints a Cyber Security Coordinator. Korea began to pay attention to cyber security from 1980s and established Internet Security Center and National Cyber Security Center. Currently, two Centers play critical roles for general cyber security and Defense Security Command controls cyber security issues arising from national defense. Accordingly, provisions of national cyber security are scattered over several acts. Especially, National Cyber Security Center managing by National Intelligence Service is based on the Presidential Regulation on National Cyber Security and then, the uniform act for cyber security is demanded. National Cyber Crisis Managing Act is expected to satisfy such demand. Despite that, it is unclear whether the National Assembly passes Cyber Crisis Managing Act. The reason is that there is possibility for this Act to infringe fundamental rights and the director of National Intelligence Service is received overall powers to control cyber crisis. However, the final evaluation of this Act must be made based on its necessity and positive effect as well as negative effect. Especially, it must be reviewed whether cyber crisis is equivalent to national security and maintenance of law and order under article 37 of Constitution.