AI 시대 1인 창조기업의 창의성·전문성 규정 정비와 업종 제한 규정 개선 방안 연구 = A Study on Regulatory Reforms of Creativity and Professionalism Standards and Industry Restrictions for One-Person Creative Enterprises in the AI Era

다국어 초록 (Multilingual Abstract)

This study proposes the legislative purpose, the structure and limitations of the 「Act on Fostering One Person Creative Enterprises」, as well as directions for legal amendments that are consistent with the artificial intelligence environment. The 「Act on Fostering One Person Creative Enterprises」 allows individuals or joint business operators with fewer than five members, who possess creativity and expertise, to conduct business without permanent employees, and by doing so, not only incorporates such entrepreneurs into the institutional framework but also addresses the blind spots of support systems that had previously focused on small and medium sized enterprises. In addition, the Minister of Small and Medium Business and Startups is preparing fostering policies at the national level concerning the benefits for one person creative enterprises, including the periodic establishment of fostering plans and surveys of actual conditions.
However, although the barriers to entry for one person entrepreneurship have rapidly declined today as enterprises utilise artificial intelligence to automate matters related to the Business Model Canvas, such as market analysis, product development, data management, content creation, customer management, and the formulation and execution of strategies, the 「Enforcement Decree of the Act on Fostering One Person Creative Enterprises」 [Appendix 1] still contains broad exclusionary industry provisions that amount to nothing more than simple enumeration based on classical industrial classifications. As a result, these provisions do not reflect the realities of convergence based and digital entrepreneurship and are identified as constraining industrial and social development.
Accordingly, this study first brings to public attention that, in an artificial intelligence industrial society, the grounds for the sectoral restrictions contained in these provisions lack sufficient empirical and objective verification. Secondly, it proposes reconsidering and redesigning “creativity” and “expertise” under Article 3, Paragraph 2, Item 1 of the 「Notice on the Operation of Support Projects for One Person Creative Enterprises」 as multidisciplinary capabilities that integrate artificial intelligence design, data analysis, and industrial context. Through this process, the study seeks to induce a relaxation of the rigidity of the industry criteria in [Appendix 1] of the Enforcement Decree of the Act on Fostering One Person Creative Enterprises, and it recommends legal amendments that encompass artificial intelligence based knowledge industries and convergence based entrepreneurship, thereby aiming to strengthen the actual competitiveness of one person creative enterprises.