BRT 구간에서의 자율주행실증을 위한 행정법제 개선 방안 연구

Recently, BRT section is considered highly useful in relation to autonomous vehicle testing. For example, the Sejong Special Self-driving Regulation Free Zone provides special regulatory exceptions for autonomous vehicle testing on the BRT roads in Sejong. In this context, the purpose of this article is reviewing the legal improvement for autonomous vehicle testing on BRT roads in Korea. For this purpose, the Special Act on the Construction and Operation of Bus Rapid Transit, subordinate legislation, etc. are reviewed in terms of legal methodologies, and this leads to the approaches on how the normative framework of BRT in Korea should be improved. Based on the Bus Rapid Transit Act, what vehicles can pass through the BRT section were reviewed. And analyze what sanctions occur when a vehicle that is not authorized to pass through the BRT section passes through the BRT section. Through this, the operator's risk is analyzed from the perspective of the demonstration entity of the self-driving car when a vehicle with unclear traffic rights is operated at the BRT. And present legislative improvements to reduce avoidance of self-driving demonstration in BRT sections that may be caused by these normative risks. In this way, it is necessary to establish a notice that self-driving can be demonstrated in the BRT section. It also argues that allowing autonomous driving in the BRT section needs to be explicitly regulated at the presidential decree or legal level, beyond simply resolving the issue through public notice. In order to demonstrate self-driving in BRT, legislation related to the Bus Rapid Transit Act may be needed. However, if self-driving demonstration is possible through a separate system, it is not a big problem even if self-driving demonstration is not allowed in the BRT section by improving the system related to the Bus Rapid Transit Act. This is because if self-driving demonstration is allowed in the BRT section through other systems, improvement of the Bus Rapid Transit Act itself is not necessary. Therefore, existing legislation that can be considered as a system that allows demonstration of autonomous driving in BRT section is reviewed; the Act on Special Cases Concerning the Regulation of Regulation-free Special Zones and Special Economic Zones for Specialized Regional Development, the Special Act on Promotion of Information and Communications Technology of Convergence Thereof, etc., the Industrial Convergence Promotion Act, and the Act on Promotion and Support for the Commercialization of Autonomous Vehicles are also reviewed. This article argues for the necessity of improving the normative framework of BRT, even though these four Acts provide special regulatory exceptions for new technology testings.