소프트웨어 안전을 위한 「소프트웨어진흥법」 개선방향

Software plays a crucial role across all areas of modern society, but errors or defects can cause enormous harm not only to individuals and communities but also on a global scale. In fact, software-related accidents have been reported in various fields such as aviation, railways, automobiles, nuclear power, healthcare, and national defense, showing that software safety issues must be addressed not merely as technical problems but as matters of public safety. The current 「Software Promotion Act」 defines the concept of software safety and, through guidelines, provides safety management standards mainly for public institutions. However, its scope of application and legal enforceability remain limited. Furthermore, there are no provisions for post-accident remedies or compensation, which restricts its effectiveness. In contrast, the EU regulates software and AI based on risk through the Artificial Intelligence Act and the amended Product Liability Directive, thereby clarifying the scope of business responsibility and strengthening consumer rights protection. In particular, by including software within the concept of "products," the EU has reinforced legal accountability and introduced institutional measures such as easing the burden of proof to allow consumers easier access to remedies. In this context, this study proposes that Korea should elevate software safety regulations from guideline level to statutes and enforcement decrees, and also establish a dedicated organization, the "Software Safety Center." Through such measures, Korea can systematically promote accident prevention, response, and victim protection, while aligning its management system with international standards. Ultimately, ensuring software safety is emphasized not only as a matter of protecting citizens' lives and property but also as a core task for building trust and securing sustainable development in the digital society.