‘클라우드컴퓨팅 발전 및 이용자 보호에 관한 법률안’의 검토와 비판

This paper aims at researching and criticizing about the so called ‘Bill on the Promotion of Cloud Computing’, which is accelerated to legislation, lately. This Bill’s title shows its aims are the promotion of Cloud industry and the protection of Cloud user, but to tell the truth, its content lacks proper consideration about Cloud Computing, plus it just concentrates on introduction of Cloud Computing to the government sector. That is to say the bill is a ‘Project Legislation’. That is why I am making this paper. The first part of this article is allotted to analyzing ‘set-up of definition’. I criticize this Bill’s definition provisions failing to incorporate Cloud Computing’s technical characteristics and examine concerns caused by absence of the definition on Cloud service. In the middle part of this article, I analyze this Bill’s problems on the ‘policy of protection’. Set-up of Users’ legal status about Data Protection and realization of Users’ rights and related duty and responsibility of Cloud Service Provider are the most problematic issues on Cloud computing. But this bill stays at overall inertia about this point. In the last part of this article, I study the problem that this bill’s contents of regulation would result in hampering development of Cloud industry, which is contrary to the purpose of this bill. Especially, I criticize that National Intelligence Service’s overt intervention to Cloud computing will hinder the development of Cloud computing industry.