독일 도로교통법상 자동주행차의 규율에 관한 검토

In response to the continuous technical development of automated vehicles in the global market, many countries try to make legislation for the commercialization of automated vehicles. However, in comparison with other countries, Korea is acting slowly to take legislative measures, which can result in limiting the development of domestic industry, the response to the global market and the convenience of people’s lives. Based on the awareness of this problem, the paper aims to review the case of Germany which has made constant efforts to prepare policies and legislation for regulating automated vehicles. Also, by analyzing not only the discussions about amending German Road Traffic Act to introduce regulation of automated vehicles but also the amended regulations in the Act, it suggests their implications for Korean legislation on automated vehicles. The paper has four main parts from the second to the fifth chapter. First, in the second chapter it deals with the concept of automated and autonomous vehicles and in the third chapter the political and the legislative discussions before and after the amendment to German Road Traffic Act to introduce regulation of automated vehicles. In the fourth chapter, after interpreting the amended regulations in the Act, the paper introduces the concrete discussions and the criticisms on the regulations. Based on the review in these chapters, in the fifth chapter, the paper suggests some implications of the regulation contents in German Road Traffic Act and the discussions related to them for Korean legislation on automated vehicles. First, more political and legislative discussions about regulating the use of automated vehicles should be in earnest begun - in specific such as about the international technical standards and the international regulations, the proper operation of a public-private consultation organization and the measures for improving public acceptance. Second, some legislative improvement measures must be taken. It is needed to use the term ‘Automated Vehicle’ instead of the term ‘Autonomous Vehicle’ which is used in the current legislation but is not enough for including various automation levels. Safety standards and operating permission of automated vehicles must be regulated not in Enforcement Rules of the Motor Vehicle Management Act and Notification by Ministry of Land, Infrastructure, and Transport but in Motor Vehicle Management Act itself and Enforcement Decree of the Act. As in the German Road Traffic Act, driver must be also the one who activates the automated driving system and have a general driving license. Finally, it should be considered that the application of the traditional principle of Law-reservation to regulating automated vehicles can be limited due to high technology and professionality in the area of automated vehicles. In the legislation process, it is necessary to discuss enough the issues of the concretization of legal norms through administrative rules and broad delegation to enforcement decrees.