A study on the legislative trend of cybersecurity legislation - Focusing on changes in legislation according to the amended 「NATIONAL INTELLIGENCE SERVICE KOREA ACT」 -

Abstract

Since the late 2000s, as the importance of political, social, and cultural activities in cyberspace has been emphasized, interest in cyberspace safety and security has expanded. Therefore, in order to take systematic and prompt action in case of an accident while preparing measures against the threat, the role of intelligence agency is important. Cyberattacks taking place in cyberspace are technical and information security issues that need to be addressed at the individual or organizational level, and it is a problem that requires an immediate and comprehensive response at the national level, and the need for international cooperation is growing. Korea, a divided country, has a strong dependence on ICT and a high vulnerability to cyber safety, but it is criticized that the legal system in the field of cyber security to prepare for this is still insufficient. In this situation, it was pointed out that it is difficult to respond systematically and efficiently in the event of a cybersecurity crisis, and the legal basis for performing the mission is insufficient. Various types of cyber security related bills have been submitted according to the need to enact the Cyber Security Act, but they have not been enacted due to opposition from the opposition parties and civil society for privacy violations. While sympathizing with the importance of cybersecurity and the need for related laws, the lack of trust in the National Intelligence Service, which will obtain authority through the law, is acting as a stumbling block to the establishment of the legal system. It should be remembered that there cannot be a distinction between the public and private sectors in national security and that protection of all constitutional institutions, including the executive branch as well as the legislative and judicial branches, is important. Currently, there is no cybersecurity-related law that regulates both the public and private sectors and encompasses all other constitutional institutions such as the judiciary and legislative branch. In the meantime, the recent revision of「NATIONAL INTELLIGENCE SERVICE KOREA ACT」as an opportunity to clearly stipulate the cyber security mission of the National Intelligence Service and to enact the first presidential decree-related cyber security-related norms is an encouraging change. Therefore, this paper analyzes the recently reorganized Legislative Trends and Future Tasks for Cybersecurity Legislation- Focusing on changes in legislation according to the amended「National Intelligence Service Act」, 「Cyber Security Work Regulations」 and「Cyber Security Act Bill」 from the perspective of establishing an effective response system for cyber security, and analyzes the problems of current regulations and future cyber security A legal task was proposed to strengthen the legal system.