사이버 안보 관련 법제의 문제점과 개선방향

초록

This study suggests improvement of cybersecurity-related laws, after examining the concept and constitutional basis of cybersecurity, uniqueness of cybersecurity, need of balancing between cybersecurity and individual freedom and rights as a consideration of cybersecurity, and analyzing cybersecurity legislation status and problems. The results of the study are summarized as follows. First, in terms of principle of reservation on act or legal system consistency, It may be necessary to establish a framework or general act on cyber security. But the legal system consistency should not be considered as a way to undermine or weaken the ultimate value pursued by the rule of law, the guarantee of the freedom and rights of the people. Second, in order to secure cybersecurity and enhance its efficiency, it is necessary to improve the dual system that is divided into the public sector and the private sector as now, to establish an integrated promotion system or response system at national level. But since the value of democratic and procedural control is also to be considered, appropriate checks and balances need to be established to prevent information from being concentrated in a particular state agency, and to prevent the abuse of the authority of a particular state agency. Third, the possibilities of infringement of individual freedom and rights in cyberspace become even greater, for the sake of cybersecurity, for example, when limiting the freedom of expression on the Internet or right to Internet access, and while the personal information is misused through concentrating information in a specific state agency, sharing information between state agencies. Therefore, effective devices for the protection of individual freedom and rights in cyberspace are essential. The issues to be considered in relation to this problem are the guarantee of the freedom of expression on the Internet, Internet access, the introduction of the information sharing system, and the exception of the application of the personal information protection system. Regarding these issues, it is necessary to search for improvement in terms of protection of individual freedom and rights in cyberspace.

키워드