잊혀질 권리와 기본권

Abstract

Record governs memory. However, if the record is not just a one-time document but a form of digitized information, infinite reproduction and propagation to the world becomes possible. Therefore, the ‘right to be forgotten’, which prevents the spread of unwanted personal information, and requests the deletion of the remaining information, has become an important issue. In the case of the Constitutional Court of Korea, the right to self-determination of personal information, which is the core of the right to be forgotten, has been recognized as an independent fundamental right. The National Human Rights Commission of Korea, and the Communications Commission of Korea are also actively discussing the right to be forgotten. On the other hand, someone else may want to preserve and use the personal information of others. In particular, if the subject of the information is different from the person who produced the information, there may be a question about whose rights should be respected. Confirming the right to be forgotten can lead to conflicts between those who want to delete the information, and those who want to preserve it. This paper discuss the concept and necessity of the right to be forgotten, the legal nature and the protection situation, and the cases where the fundamental rights conflict.