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개인정보 침해의 형법적 대응Study on the Protection of Personal Information in Criminal Perspectives

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Study on the Protection of Personal Information in Criminal Perspectives
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computer crime; internet crime; information crime; personal data; protection of personal information; right to privacy; 컴퓨터범죄; 인터넷범죄; 정보침해범죄; 개인정보; 개인정보의 보호; 프라이버시권; computer crime; internet crime; information crime; personal data; protection of personal information; right to privacy
비교형사법연구, v.12, no.2, pp.577 - 612
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This paper examines “integrated” protection measures against the infringement of personal information in criminal perspectives. It differentiates from the existing legislative measures, that is, special law institution. Informationalization produces one of serious side effects; the infringement risk of personal information. To handle this, we have devised and legislated various special laws separatively and individually along with the development of information technology(IT) in various fields. This type of laws, however, has some weaknesses. Some of special laws sporadically regulate their subjects or occasionally overlap with others in certain legal areas. They have also caused the imbalance of punishment system. As lawmaking often lags behind the development of IT, there exists a gap between infringing personal information and protecting it. One of suggestions can be, such as it was, legislation of a new, “comprehensive” special law to response to all types of cyber crimes or protection of electric personal information. It, however, can be more reasonable to supplement or amend criminal codes than to propose another new special law. From this point of view, first up, this paper analyzes criminal laws and regulations dealing with the protection of personal information, then, discovers weakness of the related legal system. Secondly, It examines the meaning of personal information and its change in legal view. Finally, it observes the possibility of criminal codes as a legal protection of electric personal information as well as its limits. In conclusion, personal information should be understood as an inherent right of individuals. Accordingly, it involves 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 technological changes. As technological environment changes or even though it does, the existing “criminal code” as a general criminal standard and its application should be middle of consideration. The fairness of criminal punishment matters. Accordingly, 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 in ever-changing information society.
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