KLRI : KOREA LEGISLATION RESEARCH INSTITUTE

Ⅰ. Backgrounds and Purposes

▶ The need for discussion on 'analog access rights'

○ As digitalization becomes more important since COVID-19, information gap  related to access to information and communication technology and opportunities for use of it  are socially and economically arising 

○ As the digital information gap has emerged as a problem of social inequality, legislative policy discussions are needed to guarantee 'analog access rights' for the digital vulnerable

▶ Comparative legal review on Korea’s norms of the administrative transformation restricting on fundamental rights and on 'analog access rights'

○ The current Korean government presents the concept of a "government of digital platform," and the digital transformation of public administration can develop not only in the way of "digital first" but also in "digital only." This enhances the convenience and efficiency for the people, but may hinder the fundamental rights of the people as digital services are expanding

○ Recently, discussions on digital transformation are taking place in the EU and Germany, and these discussions will be useful in legislating and developing policies for the limitation of acceptabilities of 'digital administration transformation as fundamental rights and 'analog access rights'  in Korea

○ In addition, the discussions in EU are likely to be converted into rigid or soft norms in terms of Korean law, so it is necessary to review on digital transformation at an early stage

▶ Review the legal limitations of digital administrative transformation and seek practical plan to guarantee the fundamental rights of 'analog access rights'

○ Legislative model and constitutions of the EU and Germany shows the efforts to guarantee 'analog access rights', which is recognized as part of the fundamental rights. And ensuring 'analog access rights', when providing digital services in the public administration, is essential to provide fair and comprehensive administrative services

○ Korea also needs constitutional and legal discussions similar to those of the EU and Germany, and it is necessary to determine the direction of digitalization of public administration by studying the acceptabilities digital-only services as the fundamental rights, and whether 'analog access rights' exists and its implications

○ It is necessary to improve Korea's public administration policy and legal system by referring to the EU and German legislation and constitutional discussions

 

Ⅱ. Major Content

▶ Concepts of 'digital first', 'digital only' and 'analog access rights'

○ During the COVID pandemic, the term "digital first" emerged in establishing new administrative services, especially for support for the economy. The term means that administrative services have to be provided in digital form first before it is provided in analog form, which means digital channels have precedence when providing administrative services

○ "Digital-only" service refers to the concept of providing administrative services only through digital channels such as the web, mobile applications, and web portal  without alternative channels  by phone or in person. It's cost- and efficiency-wise, but it's not the digital vulnerable friendly

○ In the digital transformation of public administration, 'digital first' continues to expand, and whether the 'digital-only' service as the fundamental rights is acceptable is up to general defense rights of the people in the form of 'analog access rights’

▶ The aceptability of 'digital only' services as the fundamental rights and 'analog access rights' in the public administration of the EU and Germany

○ In order to examine the existence of 'analog access right', it is necessary to determine which fundamental rights system to apply. Therefore, with regard to the fundamental rights system in the EU's multidimensional system related to "analog access rights" and the limitation of "digital-only" service's as the fundamental rights,   we examined (1) the Charter of Fundamental Rights of the European Union, (2) the EU General Privacy Regulations, and (3) the EU Single Digital Gateway Regulations

○ In the case of Germany, the right of "analog access" is not only derived from the human rights  but also from the principle of equality of German Basic Law (GG). The legal interpretation is continuously developed through the Federal Constitutional Court (BVverfG)

▶ The acceptability of 'digital-only' services based on the fundamental rights and implications of 'analog access rights' in the Korean public administration

○ In Korea where the concept of 'e-government' is expanding to the concept of 'digital platform government', discussions of the EU and Germany will play an important role in future legislative policies on digital transformation

○ The relevant regulations of the Constitution of the Republic of Korea are based on the provisions discussed in the fundamental rights of the German Basic Law (GG). The interpretation that the German Basic Law (GG) and the constitution of the states do not stipulate the general defense rights against digital administration means a lot aboutthe limitation of acceptabilities of digital administrative transformation as the fundamental rights and the issues of "analog access rights" in Korea

○ When the 'digital-only' administrative service becomes to provide, the obligation to use e-government may violate the Constitution in terms of the protection of 'analog access rights', so it is necessary to recognize a new 'analog access right' as the constitutional fundamental rights. 

 

Ⅲ. Expected Effects

▶ Academic and policy contributions

○ It can be used as basic academic data for research on the limitation of the acceptabilities of 'digital-only' services as the fundamental rights in public administration and plans to improve legislation related to 'analog access rights'

○ By analyzing the legal system trends related to the acceptabilities of 'digital-only' services as he fundamental rights and 'analog access rights' in public administration of the EU and Germany, we provide basic data that can be used when establishing related government policies

▶ Increase understanding of digital administration

○ This study contributes to improving understanding by including the concepts of 'digital only', 'digital first', and 'analog access rights' and the background and necessity of  discussions on them 

▶ Suggest the need to legislate 'analog access rights' of digital information

○ It suggests the method of establishing provisions allowing access to digital information offline in individual laws related to informatization and of establishing an allocation human support system for the digital vulnerable