4차 산업혁명 시대의 과학기술 발전에 따른 공법적 과제 - 신경과학 발전과 기본권 보호의 지형 -

With the development of neuroscience research, new perspectives emerge from the existing interpretation of human conscience, mind, soul, intelligence, and emotion. In particular, brain neuroscience technology develops by combining with biotechnology(BT) and information and communication technology (ICT), that can make possible to imagine the birth of new human beings like trans-human. The advent of the digital transformation era is providing environmental impacts that can accelerate these changes. It is urging national and social governance under the convergence of core technologies like bio, information and communication technologie. The Fourth Industrial Revolution which is made up with core technology like artificial intelligence, blockchain, big data technologies and the development of the digital platform industry, is usually called as the same meaning as the digital transformation. Against this backdrop, neuroethic has brought about the uniqueness and specificity in the existing bioethic. While the scope and methods of research in philosophical and ethical aspects have been dealt with abundantly, there is not enough legal framework, legal base and protection of fundamental rights to continue to discuss and review neuroethics issues. Based on the ethical and social review of neuroscience and neuro-technology, this paper examines the points of issue that can be disputed in domestic legal norms, including international agreements. That is because the neuroethics and neurolaw is about issues that can be universally applied around the world. This study examines and suggests the need for protection of a new fundamental right as the category of cognitive liberty from the public legal perspective.