북한주민 개인정보보호방안 연구 : 국내 법제 개선방안을 중심으로

Abstract

Amid repeated incidents of personal information leakage of North Korean refugees in South Korea, the possibility of additional leaks is also increasing. Despite the need for careful management, the leaked data is not only misused for crimes but also could lead to threats against their families remaining in the North. Furthermore, efforts should be made to protect North Koreans' right to self-determination of personal information, considering the decisions by the South Korean Constitutional Court, which recognizes the fundamental rights of North Koreans. In addition, the restart of inter-Korean exchanges will bring the issue of personal information handled by companies or authorities. Until now, protection of information on North Korean refugees, has been mainly considered as national security, but it is necessary to review this issue in privacy perspective. In particular, the current Personal Information Act has limitations on the possibility of the exposure of the number of North Korean refugees by region or institution due to its obligation to register personal information list, the Special Act on the Inter-Korean Family, and the lack of awareness and protection of special types of personal information of North Korean refugees such as date of entry. To overcome these issues, related institutional devices are needed to protect the personal information of North Koreans in related laws, such as the Personal Information Protection Act and the North Korean Refugee Act, and cooperation of related agencies such as the Ministry of Unification, the Personal Information Protection Commission, the Ministry of the Interior and Safety, the Ministry of Justice, and the National Intelligence Service.