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[The Digital Ethics(제5권 제1호)] 정보시스템 법제화의 공법적 쟁점

운영자
2023-02-23
조회수 179

논문 제목(국문) : 정보시스템 법제화의 공법적 쟁점

논문 제목(영문) : Public Law Issues on Legislation of Information Systems

저자 : 전주열

소속 : 한국법제연구원 연구위원


요약 : When an information system is installed and operated in accordance with laws and regulations, the information system becomes a legal system. It is necessary to clarify what is the public legal effect that occurs when the information system becomes a legal system. Information systems based on the establishment and operation of laws and regulations contain the essence of a heterogeneous legal system. The essence of the information system as a legal system can be broadly divided into the essence as a public service and the essence as a means of administration. The former is a public service provided by the administration to the outside, through which the administration and service users establish a legal relationship. The latter is the means by which the administration carries out its affairs and does not directly form a legal relationship with the people. However, it causes a change in administrative authority. As a result of this, the rights and interests of the people may be infringed or restricted. In some cases, the use of information systems is forced and new obligations are imposed on the public. When legalizing an information system, it is necessary to classify the legal and institutional nature of the information system and legislate it according to the jurisdiction of each norm.


목차 : 1. 서 론
2. 법률상 정보시스템의 법제도적 의미
3. 공공서비스로서의 정보시스템
4. 행정의 도구로서 정보시스템
5. 결 론