디지털 자본주의의 헌법적 쟁점과 과제

Today, with the rapid development of artificial intelligence, big data, and digital technology, we are living in a digital ecosystem that is incomparably more complex and convergent than in the past. In this environment, numerous issues such as digital gaps, platform monopolies, and cybersecurity threats are emerging simultaneously. In order to respond to these issues, re-establishing public governance and regulatory systems is a necessity, not an option, and governance and legislation are both wings, so new ideas at the national management level are needed. In addition, due to recent events (e.g. deepfake sex crimes), regulations to give responsibility and obligations to giant platform operators are being actively discussed. These regulations can be said to be part of efforts to promote fair competition in the platform and strengthen consumer protection. This paper was written with the following research goals and awareness. 1) Platform regulation in the era of digital capitalism should be a means of protecting data and digital sovereignty. 2) It is necessary to reflect on the meaning of labor under platform capitalism and to regulate and innovate platform companies while maintaining investment engines. 3) It is necessary to close the digital gap, exclude platform monopolies, and establish public governance and regulatory systems for cybersecurity. 4) Considering the legitimacy and effectiveness of the legislative system, it is necessary to seek to solve general legal problems through the Fair Trade Act, the Electronic Commerce Act, etc., rather than the information of special laws such as the Online Platform Fairness Act and the Platform Fair Competition Promotion Act. 5) Ultimately, it is necessary to create an innovative ecosystem that pursues the interests of the people while maintaining international competitiveness by seeking alternatives to harmonize regulation and innovation.