개인정보보호법상의 형사처벌 규정에 관한 연구

• 영문명: Personal Information Protection Act
• 발행기관: 중앙대학교 법학연구원
• 저자명: 정혜욱(Choung, Hye-Uk)
• 간행물 정보: 『법학논문집』法學論文集 第35輯 第3號, 111~133쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.12.31

영문 초록

Previously, Korean personal information protection was considered to be incomplete for covering only the public affairs. On September 30th, 2011, however, Korea enacted personal information protection act and extended its coverage by including private affairs. Since then, Korean personal information protection has become an intact system. The momentum for this extension of the protection range was served by the major personal information leakages centered on the private enterprises. ‘SK Broadband’, ‘Auction online auctioning site’, ‘Hyundai Capital’ cases are the few examples. legal benefit the personal information protection act essentially protects is the rights of informational self-determination. 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. Violation of the rights of informational self-determination has the property of intruding the control of personal information by the subject of rights. According to this property, the collection and processing of the personal information under the subject’s consent is exempted from the punishment.there exists an opposition between how one would describe the exemption of the penalty under consent of the subject of information. One is by distinguishing between agreement which removes the elements of an offense and approval which precludes the wrongfulness. The other one is by deciding either on the circumstances of the removing the elements of an offence or the circumstances precluding wrongfulness. For the latter case, it is often said that it is practically impossible to distinguish between approval and agreement and that no benefit arises from such distinction. However, this is not the case. the violation of the rights of informational self-determination, the consent of the information subject should be considered as agreement that removes the elements of an offence. This is analogous to theft where the violation of ownership of the goods occur. For example, if the owner of goods gives consent and the other acquires them, the elements of an offence are not comprisable.offender of the violation of the rights of informational self-determination is fundamentally the information processor. Here, the information processor can be public institution, corporation, organization, or individuals, etc. who, for business purposes, wish to process personal information by themselves or through the means of other people. According to this definition, all the people who process personal information is the offender. The basic structure of the system is as follows. The person in charge of the information processing is subjected to punishment as offender and the corresponding corporation or organization is fined only when it is subjected to penalty against employer and employee.the violation of the rights of informational self-determination is subjected to punishment except the collection of information without consent. In regards to collection, if the collector does not receive consent from the information subject, only the fine will be levied on him. However, if he commits fraud while obtaining consents, he is subjected to punishment.

목차

Ⅰ. 들어가는 말

Ⅱ. 개인정보보호법상의 처벌규정

Ⅲ. 정보자기결정권 처분의 법적 성격

Ⅳ. 정보자기결정권 침해범죄의 행위주체

Ⅴ. 정보자기결정권 침해범죄의 유형

Ⅵ. 맺는 말

참고문헌

[Abstract]

키워드

개인정보 정보주체 개인정보보호법 정보자기결정권 양해와 승낙 Personal information information subject personal information protection act the rights of informational self-determination agreement and approval