방송통신정책연구 14-진흥-021 국내 SW생태계 견실화 저해요인 및 개선 방안 연구 (A study on improving restraints of SW industry) 임춘성/이현승/양병석/김윤명/김준연/이수현 2014. 12 연구기관 : 소프트웨어정책연구소 - i - 이 보고서는 2014년도 미래창조과학부 방송통신발전기금 방송통신 정책연구사업의 연구결과로서 보고서 내용은 연구자의 견해이며, 미래창조과학부의 공식입장과 다를 수 있습니다. 제 출 문 미래창조과학부 장관 귀하 본 보고서를 『국내 SW생태계 견실화 저해요인 및 개선방 안 연구』의 연구결과보고서로 제출합니다. 2014년 12월 연구기관 : 소프트웨어정책연구소 총괄책임자 : 임춘성 참여연구원: 이현승 양병석 김윤명 김준연 이수현 - i - 목 차 제1장 서 론 ······················································································································1 제1절 SW생태계의 현황 ······························································································· 1 1. 생태계 관점의 SW ································································································· 1 2. 분야별 SW생태계의 현황 ······················································································ 2 제2절 연구의 필요성과 목적 ························································································· 3 1. SW생태계 경쟁력 확보의 필요성 ·········································································· 3 2. SW생태계 경쟁력 확보의 목적 ·············································································· 3 제2장 공공SW의 무상서비스 개선방안 연구 ····································································4 제1절 연구배경 ·············································································································· 4 1. 공공SW의 무상서비스에 대한 문제제기 ································································ 4 2. 행정안전부의 온나라시스템 사례 ··········································································· 8 제2절 공공정보화사업의 부작용 사례 ··········································································· 7 1. 문제제기된 공공정보화 사업들 ·············································································· 7 2. 행정안전부 온나라시스템 사례 ·············································································· 8 3. 국가기록원 표준기록관리시스템 사례 ·································································· 19 4. 교육부 국립대 자원관리시스템 구축사업 사례 ···················································· 22 5. 식품의약품안전처 CT피폭량 관리SW 무료배포 사업 ········································· 27 8. 국토교통부 브이월드 서비스 ‘3D 맵 서비스’ ······················································· 31 7. 서울시 교육연구정보원 ‘학교쏙2’, ‘꿀박사’ ··························································· 36 8. 시사점 ··················································································································· 38 제3절 해외 공공정보화사업 추진방향 연구 ································································ 41 1. 미국 (GOTS v. COTS, 클라우드) ······································································· 41 2. 영국 ······················································································································ 51 - ii - 3. 일본 ······················································································································ 57 4. 시사점 ··················································································································· 59 제4절 SW영향평가제도의 필요성 ··············································································· 61 1. 국가정보화정책과 SW산업 ··················································································· 61 2. 현 정부의 SW산업 육성정책 방향 ······································································· 64 3. 공공정책의 시장경제 개입준거 ············································································· 66 4. SW영향평가제도의 필요성 ··················································································· 70 5. SW영향평가의 용어정의 ····················································································· 71 제5절 SW영향평가제도의 평가기준 ············································································ 73 1. 유사제도 연구 ······································································································· 73 2. SW영향평가 대상사업의 유형분류 ······································································· 79 3. SW영향평가 대상사업의 선별기준 ······································································· 83 4. SW영향평가제도의 평가기준 연구 ······································································· 87 제6절 공공정보화사업 추진절차 반영방안 ·································································· 91 1. 국내공공정보화사업 관련 제도에 대한 검토 ························································ 91 2. 민간협의기구 신설방안에 관한 검토 ···································································· 94 3. 국가정보화시행계획 개선방안 ·············································································· 96 4. 소결론 ··················································································································· 98 제7절 소결론 ··············································································································· 98 1. 공공SW의 무상서비스와 해외사례 ······································································· 98 2. SW영향평가제도의 필요성 ··················································································· 99 3. SW영향평가제도의 도입방안 ·············································································· 100 제8절 결론 ················································································································· 101 - iii - 제3장 SW중심사회 구현을 위한 법제도 기초연구 ························································103 제1절. 연구 목적 ······································································································ 103 1. 연구의 배경 ········································································································ 103 2. 연구 방법 ············································································································ 105 3. 기대효과 및 활용범위 ························································································· 105 제2절. SW중심사회의 구현과 SW패러다임의 변화 ·················································· 107 1. SW중심사회의 구현 ···························································································· 107 2. SW 정의 및 산업 구조 ······················································································ 108 3. SW패러다임의 변화 ···························································································· 113 제3절. SW산업진흥법의 체계 및 문제점 분석 ·························································· 118 1. SW산업진흥법의 체계 ························································································ 118 2. SW산업진흥법의 특성 ························································································ 123 3. SW산업진흥법의 한계 ························································································ 124 4. SW산업진흥법의 한계에 대한 정리 ··································································· 128 제4절. SW관련 법제 현황 및 분석 ··········································································· 130 1. 관련 법제의 분석 목적 ······················································································· 130 2. 국내 법제 현황 ··································································································· 130 3. 해외 법제 현황 ··································································································· 172 4. 분석 결과의 활용 ································································································ 176 제5절. SW산업진흥법의 개정 방안 ··········································································· 178 1. SW산업진흥법의 개정 논의 ··············································································· 178 2. ‘SW 기본법’으로서 SW의 진흥 ·········································································· 181 3. ‘SW사업 활성화법’으로서 합리적인 공공시장의 운용 ······································· 187 4. ‘SW산업 진흥법’으로서 SW산업의 진흥 ···························································· 198 5. ‘SW 보호법’ 체계 ······························································································· 201 6. SW산업진흥법 체계 수정안 ··············································································· 202 제6절. SW의 일상화에 따른 리스크 관리 방안 ······················································ 205 - iv - 1. 리스크 관리의 필요성 ························································································· 205 2. SW 결함 및 안전 ······························································································· 205 3. 망중립성 이슈 ····································································································· 207 4. OSP 책임 및 프라이버시 이슈 ··········································································· 208 5. 정리 ····················································································································· 209 제7절. 결 론 ··············································································································· 211 제4장 신SW생태계 개선방안 연구 ················································································213 제1절 연구의 배경 ································································································· 213 1. 연구의 목적 ······································································································· 213 2. 연구의 방법과 한계 ··························································································· 215 제2절 SW개발자 생태계 ·························································································· 216 1. SW개발자의 정의와 중요성 ·············································································· 216 2. SW개발자의 현황 ···························································································· 218 3. SW개발자 생태계의 문제점과 개선제안 ························································· 227 4. 결론 및 향후 과제 ····························································································