한국 전자정부와 데이터기반행정 관련 법제도에 관한 연구

초록

Korea has demonstrated world-class competitiveness in the UN E-Government Development Index and the OECD Digital Government Index, successfully transitioning from a traditional 'Electronic Government (e-Government)' to a 'Digital Government.' This study examines the evolution of Korea's legal system, from the enactment of the E-Government Act to the promotion of Data-Based Administration, and analyzes the constitutional implications and challenges arising from this transformation. First, this paper identifies that since the enactment of the E-Government Act in 2001, the introduction of electronic signatures and electronic document systems has served as the legal foundation for enhancing administrative efficiency and transparency. Furthermore, in light of the OECD's Digital Government Strategy principles?such as 'Digital by Design,' 'Data-Driven Public Sector,' and 'Government as a Platform'?this study clarifies that although Korea retains the legal terminology of 'E-Government,' it substantively operates as a Digital Government driven by AI and data. In this context, policy concepts such as 'Intelligent Government' and 'Digital Platform Government' should be understood not as independent government forms but as strategic execution models within the transition to a Digital Government. Moreover, this study emphasizes that 'Data-Based Administration' signifies a shift beyond the mere 'digitization of forms/means' (procedure) to a 'transformation of content/principles' (substance), where administrative operations are based on data analysis and prediction to provide 'proactive services.' This is distinct from 'Evidence-based Administration,' which often remains a tool for reactive justification. Thus, Data-Based Administration holds constitutional significance in realizing substantive equality and the principles of a welfare state.