@article{ART002151770},
author={이인곤},
title={A Study on the Problem and Improvement of Personal Information Protection Law},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2014},
volume={2},
number={2},
pages={183-209}
TY - JOUR
AU - 이인곤
TI - A Study on the Problem and Improvement of Personal Information Protection Law
JO - Legal Theory & Practice Review
PY - 2014
VL - 2
IS - 2
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 183
EP - 209
SN - 2288-1840
AB - The contemporary society of the 21th century has made a rapid progress in information and communications technologies and rapidly developed into information-oriented society through the Internet. As numerous personal information infringement has still been happening the government has been trying to prevent the personal information infringement by amending the act on promotion of infringement and communications network utilization and information protection several times. Also the government has been trying to pretect personal information by enacting personal information protection act. However, the huge number of personal information infringements have happened so far. Hence, the thesis is tried to find the improvement of personal information protection by studying what are the problems and current state of dispute relating to personal information in personal information dispute mediation committee, and also what are current state of the damage compensation lawsuit and the related regulations of law.
The rights of informational self-determination directly originated from the privacy act, article 17 of the constitutional law. Similar to tranquility of the habitat, personal information falls into the area of privacy and therefore is the subject of constitutional protection. Even though the protection for personal information is the fundamental human rights prescribed by the constitutional law, the absence of practical act to support its protection led to deal its violation only by civil means as personal information protection law is enacted along with corresponding penalty, the rights of informational self-determination became one of the fundamental human rights that is directly protected by the constitutional law.
In conclusion, personal information should be understood as an inherent right of individuals. Accordingly, it involes the criminal protection against the infringement of self-determination. In order to respond the ever-changing information society, lawmaking policies should rather focus on a general and principle legal basis than a case-by-case basis influenced by techological chances. and also it is important to take criminal measures which focuses not on the protection of personal information itself but on types and similarities of its infringement. In addition, it is necessary to develop IT technology to protect individual’s privacy an ever-changing information society.
KW - personal information protection law;integrate law;individual law;informational self-determination.
DO -
UR -
ER -
이인곤. (2014). A Study on the Problem and Improvement of Personal Information Protection Law. Legal Theory & Practice Review, 2(2), 183-209.
이인곤. 2014, "A Study on the Problem and Improvement of Personal Information Protection Law", Legal Theory & Practice Review, vol.2, no.2 pp.183-209.
이인곤 "A Study on the Problem and Improvement of Personal Information Protection Law" Legal Theory & Practice Review 2.2 pp.183-209 (2014) : 183.
이인곤. A Study on the Problem and Improvement of Personal Information Protection Law. 2014; 2(2), 183-209.
이인곤. "A Study on the Problem and Improvement of Personal Information Protection Law" Legal Theory & Practice Review 2, no.2 (2014) : 183-209.
이인곤. A Study on the Problem and Improvement of Personal Information Protection Law. Legal Theory & Practice Review, 2(2), 183-209.
이인곤. A Study on the Problem and Improvement of Personal Information Protection Law. Legal Theory & Practice Review. 2014; 2(2) 183-209.
이인곤. A Study on the Problem and Improvement of Personal Information Protection Law. 2014; 2(2), 183-209.
이인곤. "A Study on the Problem and Improvement of Personal Information Protection Law" Legal Theory & Practice Review 2, no.2 (2014) : 183-209.