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Personal Information Protection Act in the Korea

  • Public Land Law Review
  • Abbr : KPLLR
  • 2013, 61(), pp.309-324
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

BAEK YUN CHUL 1 Moon Jae Tae 2

1대구사이버대학교
2동국대학교

Accredited

ABSTRACT

The modern society has witnessed a rapid advancement in information and communications. As a result, the domain for political and economical activities under the foothold of democracy has shifted from a real world market to a novel virtual reality market (cyber space), with the help of computer networks. This computer-based large scaled information processing is being routinely processed without facing limits of the scope of activity. Hence, the protection of personal information resulting from this has now become a problem that demands an international uniformity, well beyond a domestic problem. As the current domestic Constitutional law stands, the protection of personal information is not stipulated in the law. Theory and cases in the past have been in conformity with the right of self-determination but the Constitutional Court recently took the position that the right of self-determination falls under the fundamental right that is not elucidated in the Constitution. It can be said that the scope of application in terms of the right of self-determination in the Constitution and the personal information in the legislation is not the same. In Korea up to this day, we have protected information by applying an individuality method by separating public and private institution. However, since 2011 we has enforced the enactment of a bill of protecting of personal information, an integrated fundamental law. Ultimately, however, there is a need to bear in mind the stipulation of the right of protection of personal information within the Constitution.

Citation status

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