차기정부의 “정보화 거버넌스”와 법적 과제

There was a big change of IT policy keynotes in the past five years. Existing IT policy was formulated on a strategy that builds a virtuous cycle between the supply side 'IT' and the demand-side 'IT industry'. It brought a government-led strategy to promote business, support, and technology development targeting the IT industry. Lee Myung-Bak administration, however, turned towards the direction of the IT industry and IT technology to be implemented in each sector based on market. The Lee administration directed policies reducing dependence on government to encourage the competitiveness of the market itself, and laying groundwork such as standardization, system improvement and manpower support rather than direct support. This is due to the decision that national society and IT industry already stepped into the mature stage based on the existing government-led IT strategy. 'IT Laws and regulations' has been enacted according to policy of government sensitively. Therefore, it is very important to improve the direction through analysis and finding issues at the turning point of the Lee Myung-bak administration legislative directions. This thesis overviews the flows of current government legislation, analyses the direction of the current legislation, and derives the direction of the next legislations. The most outstanding characteristics of IT legislation is organization-directivity that function distribution based on the Government Act has a significant impact directly on jurisdiction. IT legislation was implemented based on a legal basis of powerful policy and organization. The keynote of the reorganization was the rearrangement due to the maturity of IT, and it led to the reform of IT legislation. However, it caused that the natural characteristics of IT legislation was disregarded. IT legislation tends to have technology-directivity and it responds to the advancement of technology sensitively. Thus, systematic understanding on technology should be made first for legislation. The technology-directivity leads the response to the status of technology not the general values in information societies. This tendency caused frequent revision and enactment, and finally the problem of legal stability. Thus, consistent principles and philosophies are needed. Technology-directivity results short term legislation responding to the change of information circumstances without enough social discussions (lack of completeness), and frequent revision to complement the instability (lack of legal stability). Without research and discussion on the entire IT legislation system, scattered legislation focusing on technology-directivity and phenomenon caused systematic problems. Ensuring consistency based on the principles and philosophy in the process of legal system maintenance should be considered. Also, the information and communications market goes beyond the border, accordingly, a request from international negotiations and proposals for establishing a unified regulatory policy appears. These international flow should be considered in the legal reorganization process. In the conventional mainstream of legal studies, legislation studies were treated as a secondary problem. Jurisprudence which means the general theory of law, was mainly from the perspective of the judge who deals with the problem through interpretation of law. Thus, legislation studies are done with respect to the comparative law methodology, and empirical and practical problems were dealt by other social sciences (e.g., public policy) generally. Today, however, the concept that the establishment of law is a policy making process, and the enforcement of law is a policy realization process is spread widely due to the concept of law or the role of law is changing. Accordingly, legal discussion in the policy and legislation is getting renewed attention, the importance of Law Public Policy and the Legisprudence is highlighted. IT legislation, as noted earlier, should be reviewed in light of the Law Public Policy Legisprudence according to the increasing of legislation, and the organization-directivity. When viewed from the perspective of the Law Public Policy, these IT legislation appears unsystematic due to phenomenon-oriented, technology-oriented nature. Especially our IT legislation did not take sufficient account of the logical association among laws in order to adapt social change rapidly. IT legislation of the last administration was done as a secondary product of the main policy of the individual ministries not considering a unique particularity for IT legislation. Discerning the lack of rationality of IT legislation itself, important legislative issues such as net neutrality, Internet regulation, information culture, seemed to be most overlooked. From the experience of the past, the reorganization of IT legislation is expected. In order to overcome the existing problems, and reflecting legal stability and reliability, IT legislation characteristics should be adequately reflected, and reviews from the perspectives of Law Public Policy and Legisprudence should be considered.