In Korea, it is constructing the Intelligent Transportation System(ITS) in according with the ITS project implementation guideline and each ITS standard on the basis of "National Integrated Transportation System Efficiency Act". However, only a few ITS project implementation guideline and ITS standard for the exchange of information technologies are not able to construct a smart ITS, without technical regulation for the technical characteristics of the main ITS equipment. Therefore, in this paper, we identify the current status and problems of the legal system and look for the necessity of technical regulation enactment for the smart ITS construction.