클라우드컴퓨팅 규제개혁의 법적문제

Cloud computing is the underlying technology and service of the so-called Fourth Industrial Revolution. It is predicted that all information technology environments will be transformed into cloud computing methods in the future. Until now, cloud computing, the core infrastructure for storing data, has been underutilized in the public and private sectors due to various regulations. Korean industries are lagging behind in global competition. The cloud computing industry is a field where technological advances are hampered by regulations, while companies that secure and utilize high quality data lead market innovation. Despite concerns about the increasing number of special laws on specific technologies and services, Korea has sought to foster the cloud computing industry by enacting the Cloud Computing Act, but has failed to achieve its goals easily. This paper looked at the current state of cloud computing regulation and the ongoing need for regulatory reform and its problems by reviewing regulatory reform processes. First, new industries and new technology sectors must follow the principle of regulatory legalism. Even if a wide range of delegated legislation is inevitable in the new industry and new technology fields, the regulation can not be justified if it is outside the principle of legal reservations. In addition, even if a wide range of delegated legislation is inevitable in the new industrial and new technology fields, it loses the legitimacy of the regulation beyond the principle of reserving the law against the principle of clarity. Second, unlike the original intention, the negative regulatory system has a risk of operating a positive regulatory system if the cause of the exception is expanded or comprehensively defined. I have looked at some of the risks associated with cloud computing. Third, it is argued that it is difficult to treat personal information in the cloud computing service by mitigating privacy protection regulations in terms of revitalization of cloud computing services, or to delete the clue of cloud computing law Article 4 related to personal information. However, under the current system of personal information law, cloud computing service providers bear responsibility as a personal information trustee. Even if we remove the clue of Article 4 of the Cloud Computing Act, the problem of personal information protection is still present in the case of personal information in cloud computing.