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A Structural Review and Improvement of the Personal Information Disclosure System

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2026, 14(2), pp.291~306
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : April 19, 2026
  • Accepted : May 28, 2026
  • Published : May 31, 2026

Kim Tae Eun 1

1남부대학교

Accredited

ABSTRACT

This study aims to comprehensively examine the personal information disclosure system for sex offenders and suspects or defendants of serious crimes, analyze its structural limitations, and suggest directions for improvement. The current system serves public interests such as crime prevention, recidivism reduction, and the public’s right to know. However, it also involves constitutional tensions as it restricts individual personality rights and the right to informational self-determination. In particular, issues such as unclear disclosure criteria, insufficient procedural safeguards, and inconsistencies between different systems have raised concerns regarding its effectiveness and legitimacy. This study reviews the structure of both the sex offender disclosure system and the disclosure system for suspects and defendants of serious crimes, and analyzes their key issues. Based on this analysis, it suggests differentiated measures based on recidivism risk, integration of management systems, and more flexible notification procedures for sex offenders. For suspects and defendants, it proposes clearer disclosure criteria, improved decision-making structures, and enhanced control over the distribution of disclosed information. Ultimately, the effectiveness of the disclosure system depends on achieving a balance between public interest in crime prevention and the protection of individual fundamental rights. Continuous review and improvement are therefore required to maintain this balance.

Citation status

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