데이터 법제의 분류체계 정립을 위한 시론적 검토

Abstract

Data law is a new legal field that has emerged as the legal system is internally differentiated in line with the complex and innovative changes of modern society, especially informatization and digital transformation. As a result, unlike the traditional 'Pandekten Law' system in which public law, civil law, and criminal law are clearly distinguished, in the data law, public law and private law, civil law and criminal law, and substantive law and procedural law are not divided, but coexist, centering on data regulatory system. Therefore, efforts are required to establish a classification system for data related laws.
 This paper first examines the categories of data law and it’s process of formation and development. Firstly, the essence of data and the definition of data defined in major laws are comprehensively reviewed, and then the rights related to data and common characteristics of data laws are considered based on understanding the theoretical meaning of data laws & regulation. Through this, we search for and categorize laws that can belong to the category of data law, and establish a system. The starting point for the formation of the Data Act is found in the initial unique identification information establishment and management and Information Disclosure Act, such as the Resident Registration Act, and the formation process of legislation for the protection of information and data is also examined. Then, with the advent of legislation in the information age when e-government progressed and data use and utilization laws, we will summarize how the data law system has developed through consideration of the laws of the period when the differentiation of data law occurred in earnest.
 Second, a comprehensive look at the legal regulatory system for data.
 Firstly, the current status of major data laws will be reviewed based on the traditional classification of public and private law, general law and special law, and the overview of the national data governance system and the differences in the regulatory system by data type will be reviewed.
 Third, based on this review, a preliminary review for the classification of data laws will be conducted. Data regulatory system is examined from various angles in terms of protection, promotion, and regulation, and at the same time, it is divided into general law and special law, domestic law and international law, data public law and data private law, and data protection law and data utilization law to ensure the systematicity and consistency of the regulatory system. Let's take a comprehensive look at the classification system that can be improved.