기술 기반의 과학적 규제체계 정립에 대한 경찰행정법적 소고

This study analyzes the impact of scientific and technological developments on administrative regulation, particularly within the domain of police administrative law, and explores the legal framework necessary to establish a technology-based scientific regulatory system. As examined in Chapter II, the Fourth Industrial Revolution has transformed the traditional structure of administrative regulation by introducing the concept of scientific regulation based on data and artificial intelligence (AI). While such regulation enhances administrative efficiency, it simultaneously entails the risk of creating a vacuum in the rule-of-law-based control of administrative power. Chapter III discusses the significance of technology-based regulatory systems in police administrative law. Police administration, which is inherently focused on risk prevention, is shifting from a human-centered to a technology-centered model. Consequently, when police authority is exercised through algorithmic decision-making, new legal challenges emerge regarding the attribution of responsibility, the necessity of procedural control, and the assurance of transparency. In Chapter IV, the legal principles underpinning scientific regulatory systems are analyzed. Although technology-based regulation can strengthen administrative rationality, it may also violate constitutional boundaries if fundamental legal principles such as proportionality, predictability, and procedural fairness are not ensured. Therefore, scientific regulation cannot be justified solely on the grounds of technical efficiency; it must operate firmly within the framework of the rule of law. Chapter V examines practical applications of technology-based regulation in the fields of traffic safety, cyber security, and environmental disaster management. These cases demonstrate that scientific regulation functions not merely as an instrument of automation or technical assistance but as a core policy-making tool. However, they also reveal concurrent problems such as privacy infringement, algorithmic bias, and the ambiguity of legal accountability. Finally, Chapter VI presents future policy tasks, including the clarification of legal responsibility structures in technological regulation, the establishment of independent supervisory bodies, and the development of participatory regulatory frameworks. These measures are proposed as essential institutional reforms to secure the legitimacy and sustainability of technology-based scientific regulation.