사물통신시대의 융합상품에 대한 규제와 임시허가제 등에 관한 연구

The following inferences can be made regarding the legal situation in which converged goods under the “Information and Communication Convergence Act”, which must meet the social needs of the telecommunications society, can enter the market. First, these goods have features that are controlled by cyber or digital, unlike a conventional goods that depends on physical laws. Second, these goods with such characteristics are difficult to pre-regulate by regulatory law as a method of preventing risk. Third, due to the difficulty of such regulation, regulation laws on these converged products are generally insufficient. In order to overcome such legal situation, policy measures such as active administrative and regulatory government proof accountability system are proposed along with the legal principle of 'prior acceptance and ex post regulation'. Fourth, the objectives of the above-mentioned legal principle and policies aim at the ultimate freedom of entering the market for the converged goods. Nevertheless, the provision of the temporary permission and the confirmation of Special Exception under the current law is only a temporary measure on the premise of expiration date. To solve these problems, measures should be taken to ensure the freedom of market entry for these goods. Fifth, in order to freely enter the market, certain risks must be released until the expiration date and then the temporary permission and he confirmation of Special Exceptions shall be regarded as boils which are renewed with the final permits and designations after the expiration date. The risk, which is a release condition, is socially unacceptable and should be a preliminary law that supplements the lack of legislation or a risk that can play a supplementary role. In short, in the age of IoT, regulatory law can have dogma for its purpose, but it cannot have dogma of its risk prevention requirements. Thus, insistence on post- regulation is contrary to the constitutional idea of the maximum guarantee of fundamental rights, as well as the era paradigm of self-regulation by soft law.