기술발전에 따른 규제방식 전환과 그 법적 쟁점

In order to form a regulatory system suitable for the new technological society, it is necessary to review the traditional regulatory system. Rather than quantitative easing of regulations qualitative improvement of regulations and integrated consideration of individual regulations should be considered. The reason for regulation is to respond to risks and the state must eliminate and control risks through the current level of technology. The technological society has uncertainty and dynamism as elements and convergence and risk are its characteristics. In order to improve regulation in line with this, it is necessary to overcome the traditional method of quantitative regulation reduction and the distinction between economic regulation and social regulation. In addition, self-regulation should be actively used due to the limited perception of new risks and at the same time civil liability should be strengthened. Looking at what is being discussed as a framework for regulatory improvement, there are regulatory sandbox, negative regulation and no action letter, etc. Among these, the most important are the regulatory sandbox and negative regulation. Negative regulation refers to changing the regulatory framework on a macroscopic level, and the regulatory sandbox is on microscopic level. Recently principle-based regulation has been discussed as an important mechanism. However, in order to utilize principle-based regulation, administrative and legislative improvements and control of regulatory discretion are needed. On the other hand, public law contracts can also be used in the form of regulatory contracts. Over the past few years, Korea has also sought changes to this new regulatory system through revisions to the Framework Act on Administrative Regulations. These include the expedited processing system, the special waiver for demonstration, the temporary permit system, and the comprehensive negative system. However, confusion in use between special waiver for demonstration and temporary permit, and lack of an exit strategy are pointed out as problems, and the comprehensive negative system remains a task to overcome ambiguity in its scope and application.