기술강제인가, 기술수용인가?

Technology-forcing or Technology-following?

It is a very interesting question in the area of ‘S&T and law’ whether law can help ‘technological innovation’ by forcing development of a certain level of technology until the future time. The idea is based on the belief that the law can lead science and technology. The evolution of emission standards in the United States is worthy of research in that it provides an empirical example for these questions. The United States has enacted atmospheric environmental legislation to control the release of air pollutants harmful to health and property, and to maintain a clean atmosphere. In the process, air pollution emission standards have been devised in various ways, and the provisions of the Act have been evolved by identifying its advantages and disadvantages. There are two main ways to determine pollutant emission standards for air pollution prevention: ‘technology-based standards’ which is based on the currently developed technology and ‘technology-forcing standards’ which sets the standards by predicting the performance of technology to be developed in the future. History shows us that emission standards of automobile source has been changed from the technology base standards(technology-following standards) to the technology-forcing standards. On the other hand, emission standards of stationary sources has been the technology-base standards. This is because technology-forcing standards is effective to induce new technology, however it is difficult to apply where social and economic effect is large in the case of failure of developing target technology. Technological innovation has two aspects: the development of new technologies and the diffusion of developed technologies. echnologyforcing standards can contribute to the former, and technologyfollowing standards can contribute to the latter. Therefore, in order for the law to induce innovation in science and technology, it is necessary to identify the advantages and disadvantages of these two approaches and apply them considering the given circumstances.