2014년의 신용정보 유출관련 개인정보 보호법제 개정안의 검토-사전적 입법평가의 방법으로서의 교차점 분석의 시도-

Abstract

The leakage of personal information from credit card companies in January 2014 has made a problem of protecting personal information a critical issue. People who are worried about voice phishing or smishing etc. have made complains of illegal distributions of personal information and claim appropriate measures for protecting personal information. So National Assembly and financial authorities have announced a series of strong countermeasures for protecting personal information including the revision of the current regulation system on credit information. For the principle of “rule of law” nowadays, as everyone knows, means not only ‘formal’ legality but also ‘substantive’ legitimacy, so we have made a lot of efforts to get “better laws.” One of these efforts could be a legislative evaluation(; legislative analysis). So, as an ex-ante legislative evaluation(; analysis), this study examines some recently proposed revision bills on regulations for protection of credit information with a method of analysis on the interface(Schnittstellenanalyse): focusing interface among 「Use and Protection of Credit Information Act」, 「Act on Promotion of Information and Communications Network Use and Information Protection」 and 「Personal Information Protection Act」 based on the legislative analyzing criteria of systemicity and understandability. In conclusion, current regulation system for protection of personal information would cause some problems of overlapping regulation by the several remaining personal-information-laws in private sector in spite of legislation of 「Personal Information Protection Act」 which is the lex general is for protecting personal information so we need to make an overall and systematic maintenance of regulation system for protecting personal information.