A Comparative Study on Cybersecurity Legislation in Mongolia and South Korea

Abstract

Ⅰ. Purpose and Scope of Research □ Cyber security issues have recently become considered as some of the most pertinent emerging agenda in Mongolia and South Korea. Now, cyberspace has become an environment for crime, hacking, and terror. □ South Korea, which has a high reputation as an “Internet Strong Nation,” is expected to play a contributory role in the cybersecurity sector. On the other hand, in Mongolia the legal frameworks on cyber law and information security has not been sufficiently studied and developed in Mongolia. □ This research aims to develop reasonable comments, solutions, and conclusions that lead to recommendations for effective and trustworthy legislative solutions in Mongolia and South Korea.

Ⅱ. Contents □ In Mongolia, until 2002, legal provisions and sanctions did not exist for those who commit a crime in the information sector. The first legislation regarding cybersecurity was included in the Mongolian Criminal Law in 2002, under the title, “Crime against computer information.” □ With the advent of modern technology and the proliferation of activities involving exchanges of information, the need for the protection of human rights in cyberspace has been in discussion since 2010. Even though the Mongolian E-government has steadily made progress, human rights and freedom are still not being considered thoroughly enough in cyberspace. □ The Information Technology, Post and Telecommunication Authority of Mongolia have been forming working groups to develop a draft law on data protection. Furthermore, the Mongolian parliament has been discussing a draft law on information security. As a part of creating an enabling legal environment, the Law on e-Signature and more than ten priority standards related to information security were approved, and currently, relevant organizations are working on drafting laws on cybersecurity and data protection. The Cyber Security Department has submitted the draft law on information security to the Parliament in February 2016. □ Recently, National Cybersecurity Center has been forming working groups to develop a Draft Law on Cyber Security. The Minister of Justice and the Chairman of the General Intelligence Agency have approved, by a joint decree, the concept of Draft Law on Cyber Security. □ Korea shows a high dependency on Information Communications, and Korea also has a highest Internet usage rate and the largest number of Internet users in the world. On the other hand, the risks of injurious behaviors or infringements of basic human rights that happen in cyberspace such as infringement of personal data, leakage of business information, cybercrime, or cyber terror also increase along with the exponential growth of dependency on cyberspace. On top of this, in case of South Korea, the possibility of cyber terror by North Korea stands as a very serious danger factor. □ Korean cybersecurity legislation has developed in reaction to the advancement of Information Communication and its related technologies and infrastructures, as well as the counteracts to increasing cyber danger factors. The occasional cybersecurity related incidents and accidents, and the following frequent enactments and revisions of legislation directly show the progress of rapid maturation of Korean cybersecurity legislation. □ In comparison, amongst all, one aspect to pay attention to in Korean cybersecurity legislation is the governance encompassing public as well as private sector. Besides, establishing a governance that leads out private sector’s capacity and voluntary compliance is crucial, and Korean cybersecurity legislation seems to have a strong suit in this aspect. □ By the way, in spite of the short history of development of cybersecurity legislation, Mongolia puts much effort in counteracting to international cybercrime or cyber terror in cooperation with the related countries. Also, it is worth paying attention to the systematization of legislation based on the concept of National Security Concept, and its subcategories. A broader and more systematized cybersecurity legislation is expected once the Law of Data Protection Act, which is in the process of enactment, and legislations such as Law Information Security enact.

Ⅲ. Expected Effects □ It is very likely that Mongolia will not experience the same process of development of ICTs and related legislations that South Korea has experienced. Therefore, if Mongolia carefully analyzes the technologies and legislations of those countries, as well as Korea, who already established these aspects, Mongolia will be able to find the most suitable legislation and governance in the near future. For such reasons, a cooperation and further research of related countries, especially Mongolia and South Korea whom were subject to this research, are expected.