식품 규제의 합리화를 위한 네거티브 규제 적용에 관한 고찰

초록

Recent advances in biotechnology and data-driven technologies are reshaping the food industry and giving rise to novel foods and related services that are not readily accommodated by existing regulatory frame works. Under such conditions, regulatory adaptability and predictability have become key determinants of national competitiveness, leading to a growing interest in negative regulatory approaches as part of broader efforts toward regulatory rationalization. Such approaches are often promoted for their capacity to enhance institutional flexibility and reduce barriers to market entry, thereby facilitating the development of emerging industries. However, the indiscrim inate application of negative regulations across all policy domains presents inherent limitations, particularly in food regulation, which is directly and intrinsically linked to public health. In this context, we aimed to examine the conceptual foundations and structural distinctions between positive and negative regulatory models, and to review applications of negative regulation. Based on this analysis, our study differentiates areas within food governance in which negative regulation is structurally inappropriate from those in which limited and conditional application might be considered. Ultimately, we wished to provide a coherent systematic basis for the rational reform of food regulation that safeguards public safety while institutionally supporting the advancement of emerging technologies and industries.

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