개인정보보호법제상 동의의 법리에 대한 형사법적 고찰

Abstract

These days, infringement against personal information was made frequently. This study investigated legal principles of the agreement and agreement system according to current personal information system protection system from point of view of criminal law. Even if the agreement of current personal information protection law system should satisfy legal requirements, personal information users paid attention to acquisition of the agreement to require examination from point of view of criminal law. The study discussed to examine legal principles of the agreement of the personal information protection law system:At first, the study investigated legislation cases in foreign countries concerning rights and exercise of information body based on right to informational self-determination. Legislation case in foreign countries varied depending upon principles of agreement of information body and notice to information body and/or information body's cognition to collect and handle information. The study investigated legal principles of the agreement of current personal information protection law system. Current personal information protection law had principle of advance agreement on individual matters to regulate performance of explanation duties of the other party subject to agreement to differ from other requirements. Nonetheless, the agreement system of current law had legal uncertainty to disclose some problems. Some scholars said quite opposite ideas arguing de-criminalization of agreement related crimes from criticism point of view against principles of advance agreement. In this study, system of validity based on principle of the advance agreement rather than de-criminalization of agreement related crimes was needed from point of view of assurance of personal information decision right. The study suggested to supplement current agreement system: First, consistent adoption and supplementation of the principle of advance agreement, second, base of interest balance theory and expansion of self-determination, third, improvement of exceptional regulations of the principle of the agreement.