형사사법통합정보체계구축에 따른 개인정보공동이용에 관한 헌법적 고찰
A Constitutional Study for the legislative system of the use in personal information integrated Information System for Criminal law
김영수, 최진안
초록
E-government business of Korea promoted government service to the nation based on the developed telecommunication technology. June, 2008, Korea is the first ranked country among OECD member countries for internet service subscribers. Personal information protection and informative secure are weak because e-government business only focused on growth and efficiency. those problems reveal on the business of Integrated Information System for Criminal law. Integrated Information System for Criminal law set a goal to realize the prompt, fair shake, open and aboveboard procedures. All the procedures are required to conduct electronically with clear standards. According to the above, co-using personal information is the key factor of the Integrated Information System for Criminal law. Integrated Information System for Criminal law could work as a proper function for realizing a constitutional state and protect human dignity. However, other fundamental rights such as self-decision right, privacy right could be injured by the sustem due to the weak procedure in a public trial. In the case of the privacy and self-decision right, constitutional strict scrutiny review should be adopted. Integrated Information System for Criminal law is the based on the use of information with proper criminal procedure.「e-government law」,「personal information protection law in public sector」and「tele communication law」 are also should be integrated for the criminal procedure so that prevent overuse of personal information. Especially, co-using of the personal information between governmental agencies should consolidate constitutionally.