현행 경제·기술안보 법제에 대한 비판적 관견(管見): 입법평가와 체계정합성 이론의 이해와 적용의 관점에서

The recent US-China dispute has shaken the long-established international order. As competition and conflict over technological innovation are directly linked to national security as well as economic growth, the notion of economic security and technological security is emerging. As an inseparable relationship has been formed between science and technology, economy and politics, which have been treated as individual areas, the legal basis for comprehensively promoting related policies has become important. Accordingly, major countries have enacted laws that are based on strengthening the competitiveness of their industries and promoting investment, and a dense legal system has been established by enacting a number of related laws in Korea. However, concerns are raised that rational decision-making may be delayed or that the establishment and enforcement of a unified strategic system may be difficult due to the formation of a legal system in which the jurisdiction is dispersed by relevant ministries. In addition, similar or overlapping regulations can lead to confusion in legal interpretation, and many laws with the same policy objectives are very inefficient in terms of legislative economy. Therefore, this paper used the legislative evaluation theory and the principle of system consistency, which are relatively unfamiliar in dogmatic actual law, as a theoretical basis, to analyze the current legislation from a critical point of view. The problems raised through this will be a useful argument for leading subsequent discussions to improve the consistency of the current law. In addition, by strengthening policy responsiveness, birding and structuring the overall system of economic and technological security legislation can have the effect of providing flexibility in the operation and execution of state actors. In this study, in order to secure objective standards for systematic judgment, analysis indicators applicable to the target laws were selected based on the understanding of legislative evaluation theory and system consistency theory. Accordingly, “judgment of the necessity and validity of legislation,” “judgment of the effectiveness of the law,” “comparative legal analysis of overseas legislation cases,” “a plan to establish core concepts,” and “system consistency from the perspective of internal and external systems” were evaluated sequentially. The implications of the results of the systematic evaluation are not only meaningful for the economic and technical security legislation. This is in line with the overlapping and excessive legislation problems and the explosion of special laws in our legal domain. Therefore, efforts are needed to prepare rational screening standards for correct legislative design in legislative practice. In that respect, this study is significant in that it sought practical application of the theory by combining the theory and case studies.