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The Diagnosis and Prescription for Cybersecurity in Korea: Focusing on Policy and System

  • Park, Sangdon (Base Technology Division, National Security Research Institute) ;
  • Kim, Il Hwan (School of Law, Sungkyunkwan University) ;
  • Kim, Jaehyoun (Department of Computer Education, Sungkyunkwan University) ;
  • Lee, Kyung Lyul (School of Law, Sungkyunkwan University)
  • Received : 2017.09.27
  • Accepted : 2018.01.01
  • Published : 2018.02.28

Abstract

Cybersecurity has emerged as a serious problem in Korea and there have been relevant movements to improve domestic cybersecurity policy and system. However, discussions have yet to result in actual progress and the legislation for improvement of cybersecurity policy and system have been stagnant until now. As evidenced by the introduction of primary government legislation bill for national cybersecurity in 2017, the preparations for improvements to the policy and system are still in progress. However, we cannot be positive about the possibility of implementing these improvements during the process. Recognition of the importance of cybersecutiry has gradually risen and is more prevalent than in years past, however, in-depth discussions are not being made. In principle, misunderstandings about cybersecurity itself and insufficient understandings of the relevant legislation seem to cause such problems. Therefore, it is necessary to review key issues related to the improvement of cybersecurity policy and system and reconsider tasks for the future. Such issues include the relationship between cybersecurity and fundamental rights, establishing responsibility and capability of each of entities for cybersecurity, and the role of the military in cybersecurity. This type of in-depth discussion will be helpful for finding ways to improve upon cybersecurity policy and system. Moreover, this study aims to key issues with questionnaire survey and political and normative inquiry.

Keywords

References

  1. Il-Hwan Kim, "Die Untersuchung uber die Rolle und Funktion des Verfassungsrechts in der hoch entwickelten technologischen Gesellschaft," Public Land Law Review, vol. 37, no. 2, pp. 287-307, August, 2007.
  2. Il-Hwan Kim, "Eine Untersuchung uber die Anderungsnotwendigkeit des Datensicherungsgesetzes," Public Land Law Review, vol. 26, pp. 231-251, June, 2005.
  3. Sangdon Park, "A Contemporary Study on Comprehensive Cybersecurity Legislation: Focusing on the Legislative Trends in the United States," Legislation and Policy Studies, vol.6, no.2, pp. 5-36, December, 2014.
  4. Sangdon Park, "A Study on Constitutional State Responsibility for Information and Telecommunications Infrastructure," Sungkyunkwan University Doctoral Dissertation, 2016.
  5. Jun-Hyeon Jeong, "A Study on the National Cyber-Security Laws in the high Information Society," Dankook Law Review, vol. 37, no. 2, pp. 441-473, June, 2013. https://doi.org/10.17252/dlr.2013.37.2.018
  6. Sangdon Park and Injung Kim, "A Study on Tasks for the Legal Improvement for the Governance System in Cybersecurity," Convergence Security Journal, vol. 13, no. 4, p. 3-10, September, 2013.
  7. Sangdon Park, "A Review of the Japanese Basic Act on Cybersecurity: Focusing on Implications for the Improvement of Legal System for Cybersecurity in Korea," Kyung Hee Law Journal, vol. 50, no. 2, pp. 145-175, June, 2015. https://doi.org/10.15539/KHLJ.50.2.5
  8. "Concerns still linger on anti-terrorism law" in The Korea Times, March 14, 2016.
  9. Cheol-Joon Chang and Chae-Seong Im, "Cyberspace Security and the Constitution in the Age of Big Data and Cloud Computing," Dankook Law Review, vol. 39, no. 1, pp. 3-32, March, 2015.
  10. NIS, MSIP, KCC, MOI and FSC, 2017 Gukgajeongbobohobaekseo(2017 White Paper on Information Security), 2017.
  11. Wan Sik Hong, "Gesetzgebungspolitik fur die Verwirklichung des Recht auf Sicherheit," European Constitution, vol. 14, pp. 225-250, December, 2013.
  12. Godwin III, Kulpin, Rauscher and Yaschenko (ed.), The Russia-U.S. Bilateral on Cybersecurity-Critical Terminology Foundation, Issue 2, EastWest Institute and the Information Security Institute of Moscow State University, 2014.
  13. Jae Ho Sung, "Computer Network Attack and Countermeasures in International Law: Focused on the Interpretation of the UN Charter," Study on the American Constitution, vol. 26, no. 2, pp. 199-227, August, 2015.
  14. Kwang-Min Park and Sung-Dae Lee, "Countermeasures of the Criminal Law in Accordance with Appearance of "Risikogesellschaf," Sungkyunkwan Law Review, vol. 18, no. 3, pp. 513-533, December, 2006.
  15. Sungman Hong, "Publicness in Risk Society: Focusing on Leakages of Hydrofluoric Acid and Radioactivity," The Journal of Korean Policy Studies, vol. 13, no. 2, pp. 117-135, June, 2013.
  16. Sangdon Park, "A Study on Reform of Cybersecurity Governance in Korea in the View of Public Law," Public Law Journal, vol. 17, no. 4, pp. 345-373, November, 2016.
  17. Kwang-Chan Ahn, "A Study on the Military System on the Basis of the Constitution: Focused on the Operational Command Authority of the Korean Peninsula," Dongguk University Doctoral Dissertation, 2002.
  18. Jun-Hyeon Jeong, "Study on the Legislative Direction of National Security Laws," Dankook Law Review, vol. 39, no. 4, pp. 277-317, December, 2015.

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