규제샌드박스 특례 현황 및 쟁점 비교분석 - 규제자유특구와 ICT 규제샌드박스를 중심으로 -

This study was conducted to analyze the characteristics and issues of multi-agency regulatory sandboxes and explore countermeasures by examining cases of Regulatory Free Zones under the Ministry of SMEs and Startups (MSS) and ICT Regulatory Sandboxes under the Ministry of Science and ICT (MSIT). Specifically, it conducted a comprehensive survey of all special exemptions in Regulatory Free Zones and the MSIT ICT Regulatory Sandbox from 2019 through December 2024. It analyzed basic statistical data by exemption type across various dimensions, including the regulating ministry, industry/technology sector, and legislative form (law/enforcement decree/enforcement rules/notification, etc.). Furthermore, this study comparatively analyzed the characteristics derived from the differences between the Ministry of SMEs and Startups' Regulatory Free Zones and the Ministry of Science and ICT's ICT Convergence Regulatory Sandbox. It examined the appropriateness and effectiveness of the regulatory sandbox special provisions and conducted an in-depth review of policy implications for legislation to enhance the effectiveness of the Regulatory Free Zone special provision system. Specifically, the special provisions of both sandboxes were categorized by advanced technology and industry sectors—such as bio-healthcare, mobility/transportation, energy/new materials, ICT convergence/robotics, and new technology services—to examine sector-specific regulatory characteristics. Based on comparative analysis of key issues, countermeasures for sector-specific regulatory challenges were explored. The analysis revealed that for the Regulatory Free Zone special provisions, there is limited scope for achieving institutional improvements through legislative revisions supporting new technology development and demonstration. Instead, legislative efforts targeting the legislature are primarily needed to amend or relax prohibitive and restrictive regulations. In contrast, for the Ministry of Science and ICT's ICT Regulatory Sandbox special provisions, prohibitive and restrictive regulations were found to be prevalent in most technology sectors outside ICT. The proportion of regulatory hurdles caused by “prohibitions and restrictions” is high, indicating a strong need for legislative amendments to resolve regulations in areas with acute conflicts of interest. In the ICT field, regulatory hurdles due to “regulatory gaps” are nearly as prevalent as those caused by “prohibitions and restrictions,” highlighting the urgent need for swift legislative adjustments to institutionally support industrial revitalization driven by new technology development. Meanwhile, a comparison of the characteristics of the two regulatory sandbox special provisions revealed no significant differences between the two overseeing ministries. However, the Ministry of Science and ICT (MSIT) tended to exhibit greater institutional flexibility, as its special provision granting procedure is combined with the special zone designation process, differing from the Ministry of SMEs and Startups (MSS) Regulatory Free Zones. Regarding the form of regulations and types of regulatory hurdles, despite being regulatory exemptions for new technology fields, prohibitive or restrictive regulations were more common than regulatory gaps, and prohibitions based on laws were prevalent. This indicates that the key legislative challenge for future revitalization of new technologies and industries lies in how to proceed with legislation by reconciling the interests and differing positions between the legislature and ministries. Furthermore, regulatory hurdles and legal forms vary depending on the ministry's jurisdiction. This suggests that differentiated legislative strategies, considering the technology field and the type of regulatory hurdle, are necessary.