The current laws governing autonomous vehicles in Korea primarily focus on temporary operating permits for autonomous vehicles, based on the premise of testing and research purposes. These regulations have been enacted and revised as needed, resulting in an overall lack of uniformity and outdated performance. The current Road Traffic Act, which serves as the basic law governing vehicle operation and road traffic, should establish unified standards for autonomous driving and prevent confusion. Even if this is refined through various subordinate statutes, it would be reasonable to at least stipulate the definitions, concepts, and basic principles within the Road Traffic Act. Major countries, with some minor differences, adhere to the SAE classification standards that have been widely used, and the concept and system of autonomous driving are declared in the basic laws, not in subordinate regulations. To this end, it is necessary to revise Articles 2, 48(1), and 56-2 of the Road Traffic Act. Our current law lacks a safety officer, similar to Germany's Technical Supervisor or Japan's Specially Designated Automated Driving Officer. Consequently, the development of Level 4 and higher autonomous driving, particularly Full Self-Driving (FSD) technology, is inherently limited. Overall, it is necessary to enact specific regulations to govern the operation of Level 4 or higher autonomous vehicles, which are currently being piloted and will be commercialized in the future, beyond the Level 3 autonomous driving stage under the current law. To this end, it would be reasonable for the government to first implement a planned regulatory sandbox, including provisions regarding data management, and then refine related laws and regulations.
Song Moonho (Sun,) studied this question.