사이버 위협에 대한 행정조사권 및 법제 분석

초록

The discussion on administrative investigation authority and legal improvements regarding cybersecurity threats emphasizes the evolving nature of cyber threats and the need for effective responses. Specifically, complex cyberattacks like supply chain attacks have become more frequent, making it difficult to predict attack paths. To mitigate these threats, continuous monitoring of the entire network and the ability to take immediate action when an attack occurs are essential. Current legislation provides a basis for administrative investigations in response to cyberattacks, but the absence of specific laws and the limitations of existing laws, such as the National Intelligence Service Act, are problematic. Cybersecurity-related investigations are currently limited to public institutions, indicating a need to expand the scope to include the private sector. Furthermore, National Intelligence Service employees lack sufficient authority to conduct on-site investigations. Additionally, there is no clear framework for the collection and analysis of digital information, highlighting the need for regulations on digital investigative procedures. To address these issues, the proposal suggests either enacting a Cybersecurity Act (tentative name) or amending the National Intelligence Service Act. These legal frameworks would introduce compulsory and immediate investigation regulations for the prevention and response to cyberattacks, along with penalties such as fines or criminal charges for non-compliance. Furthermore, it is necessary to clarify procedures for collecting and analyzing digital evidence, ensuring the legal validity of investigations by referencing procedures from criminal law. Through these improvements, the cybersecurity capabilities of both the public and private sectors can be strengthened, and legal accountability and response mechanisms will be clearly defined.