방송 및 정보통신 거버넌스 법제 개선방향에 관한 연구 - IT영역의 행정조직 구성 법원리를 중심으로 -

Generally it was accepted that Constitutional principles that form the national structure is the principle of democracy, principle of rule of law, and principle of Social States. This paper analyzes the limitations of the organizational design of IT sector and proposes improvements based on the constitutional principle of state structures.
IT policy area is unclear and overlapping boundaries of their work, and work in the IT area sometimes overlaps with the work of other policy areas, therefore policy conflicts with other areas are caused. As well as the IT inherently involve the 'speed', 'change', and a 'risk' according to 'attack', so professional change & risk management is needed in order to reduce these risks. Korea's IT governance has gone through a lot of trial and error as far reflecting these attributes in the IT organization design. The important organization was established by a sub-decree, not law, and a mechanism to adjust conflict and cooperate was not established. As a result, the organization design based on democracy and the rule of law had not been made.
In order to overcome this limitation, first, the organization shall establish a legal framework for ensuring the uniqueness of the IT area as the implementation of rule of law. Installation of the government department for which IT policies are fully responsible should be clearly defined in the Government Organization Act, And the existing IT function of Ministry of Trade, Industry and Energy, Ministry of Culture, Sports and Tourism, Korea Communications Commission needs to be integrated into such a IT department. In addition, resolving conflicts between government ministries and the cooperation mechanism based on democracy must be provided by law. This can be implemented as a committee form to ensure the participation of civil society. The committee shall be an organization that operates on a permanent rather than temporary organization. Meanwhile, the Korea Communications Commission, to ensure the freedom of the press needs to be re-born as Independence Organization. In addition, as the practice of a administrative organization legal principles, enlargement of the policy-making and implementation by the Office of the President and the Representative Administrative Agencies should be avoided, As much as possible, policy will be planed and enforced through the reorganization such as reallocation, integration or cancellation of functions.