「여객자동차 운수사업법」 입법 사례로 본 기술규제의 현실과 과제

This paper argues about the controversial legislation on Korean ride-hailing service, ‘Tada’. This case demonstrates three common problems of regulating disruptive technologies in Korea. First, this case started with the abuse of rule-making power by the government. This caused lawmakers to respond by legislating more detailed clauses. Second, this case revealed the problem of overcriminalization. The threat of punishment on start-up founders can cause a chilling effect. Third, the regulatory system was not adaptable to new technologies such as the ride-hailing service. This regulatory lag makes new business models not possible until someone changes the law. To solve these problems, I suggest lawmakers to use more general terms which is robust to technological change in regulatory laws, and to try an policy experiment of creating independent regulatory agencies free of political influence.