지식정보사회에서 국가의 역할에 관한 연구-공인인증제도 제도개선 논쟁을 중심으로- (On the Study of the role of the State in knowledge information society -Debate centered on the Improvement of accredited certification system-)

서지정보

· 발행기관 : 성균관대학교 법학연구원
· 수록지 정보 : 성균관법학 / 25권 / 4호 / 1 ~ 24페이지
· 저자명 : 김일환, 박웅신, 조윤경

초록

In the knowledge information society, knowledge building a relationship on information and communications technology is creating and producing. In knowledge information society are major social decisions of the individuals and organizations driven by knowledge and information. That is to say, knowledge information society is a society where information is correlated knowledge and knowledge is the driving force behind the creation of the value and wealth. Thus, the analysis of the Constitutional(legal) framework of ‘Information Order’ which is very important in the knowledge-based society be done. It is time for the nation have a duty to ensure the conditions for the frame(outline) of the knowledge information society.
In the knowledge information society, the excessive of state interference is not desirable because the possibility of hindrance of ‘the development of information and communication technology’ by the state interference can not be completely exclude. And pure self-regulation can not be the appropriate regulatory. For the following reasons: ⅰ) “Lack of transparency in the process of implementation issues”, ⅱ) “The risk of market failure”, ⅲ) “Problems that are not fully taken into account the interests”, ⅳ) “Problem that are not respond effectively to the interest” and ⅴ) “Avoiding the issue of state responsibility” and so on.
Because of this, the third model, the 'regulated self-regulation' has emerged as the preferred state model. Also, in my conception, certification authority system concern must be answered by state from the point of view of self-regulation. Presently, on the framework set and the legal basis by nation, state need to put enterprises or individuals in the way of achieving to choose autonomously. To do this, macroscopically, institutional basis for technical development to ensure reliability and stability should be established. And, microscopically, effort to determine the long-term direction of building infrastructure which is enable to allow people to select the certificate through self-regulating competition between the various certificates market is needed.
Based on the review of the pros and cons of legislation seen, in my opinion, looking for ways to realizes the private autonomy and public projects in the certification authority system is national's goal. Therefore guidelines should be concretely suggested, and support to develop the technology of certification authority system. Whatever this kind of system is better than inducing specific direction by state such as present certification authority.

영어초록

In the knowledge information society, knowledge building a relationship on information and communications technology is creating and producing. In knowledge information society are major social decisions of the individuals and organizations driven by knowledge and information. That is to say, knowledge information society is a society where information is correlated knowledge and knowledge is the driving force behind the creation of the value and wealth. Thus, the analysis of the Constitutional(legal) framework of ‘Information Order’ which is very important in the knowledge-based society be done. It is time for the nation have a duty to ensure the conditions for the frame(outline) of the knowledge information society.
In the knowledge information society, the excessive of state interference is not desirable because the possibility of hindrance of ‘the development of information and communication technology’ by the state interference can not be completely exclude. And pure self-regulation can not be the appropriate regulatory. For the following reasons: ⅰ) “Lack of transparency in the process of implementation issues”, ⅱ) “The risk of market failure”, ⅲ) “Problems that are not fully taken into account the interests”, ⅳ) “Problem that are not respond effectively to the interest” and ⅴ) “Avoiding the issue of state responsibility” and so on.
Because of this, the third model, the 'regulated self-regulation' has emerged as the preferred state model. Also, in my conception, certification authority system concern must be answered by state from the point of view of self-regulation. Presently, on the framework set and the legal basis by nation, state need to put enterprises or individuals in the way of achieving to choose autonomously. To do this, macroscopically, institutional basis for technical development to ensure reliability and stability should be established. And, microscopically, effort to determine the long-term direction of building infrastructure which is enable to allow people to select the certificate through self-regulating competition between the various certificates market is needed.
Based on the review of the pros and cons of legislation seen, in my opinion, looking for ways to realizes the private autonomy and public projects in the certification authority system is national's goal. Therefore guidelines should be concretely suggested, and support to develop the technology of certification authority system. Whatever this kind of system is better than inducing specific direction by state such as present certification authority.

참고자료

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