공공정보 이용의 활성화를 위한 법적 개선 방안

Abstract

In evaluating the credit of a consumer of financial institutions, credit information or data regarding such an individual comsumer, including his/her creditability, non-defaults in credit transactions, and credit transaction abilities, is used. In particular, it should be noted that "public sector information or data" on an individual consumer is also used for his/her credit score by a credit bureau or an financial institution. "Public sector information or data" is defined as information or data produced or owned by the public sector, including the central or provincial government or public entities. The examples include the records of court decision on insolvency or bankruptcy on an individual and defaults in tax payments (which are called as "negative public information") as well as the records on electricity payments, telecommunication fee payments, gas fee payments, and social or health insurance premium payments (which are called as "positive public information"). Especially, it is argued that positive public information is very useful in credit-scoring on an individual who does not have sufficient credit history. In this regard, this article intends to review the current regulations relating to re-use of public information by a credit bureau or a public credit registry, and to suggest some recommendations for improvements on efficient re-use of public information from legal perspective in Korea. In Korea, the most important legislation regarding re-use of public information is the Credit Information Use and Protection Act (CIUPA). Other relevant laws include the Individual Information Protection Act, recently enacted and effective from September 30, 2011, the Public Institution Information Disclosure Act, the National Health Insurance Act, the National Pension Fund Act, the Korea Electricity Corporation Act, and the Resident Registration Act. However, the current regulations regarding re-use of public information contain some drawbacks. First, Article 23, Paragraph 1 of the CIUPA allows a credit bureau or a public credit registry to request public sector institutions to provide it with the relevant public information on a specific individual, and then such public institutions must provide the information to the relevant credit bureau or public credit registry, except for special cases; however, because the "special cases" are not so concrete, the relevant public institutions are in fact reluctant to provide such information, which is reducing the effects of this system. Second, provisions for procedure of the request and supply of public information are lacking. Third, Article 23, Paragraph 2 of the CIUPA also allows a credit bureau or a public credit registry to request public institutions to provide the relevant positive public information, including electricity payments and social insurance or health insurance premium payments, even though such provision is prohibited in the relevant laws; however, because the provision of such public information is solely determined by public entities themselves, the system of re-use of positive public information is not well being operated. Thus, this article suggests some improvements as follows: first, the "special cases" should be specified more in detail in order to prevent discretion of the relevant public entities; second, procedures for the request and provision of public information should be prescribed in the CIUPA; third, public institutions' sole decision power regarding the provision of public information should be abolished. In addition, this article argues that the scope for public information to be re-used should be expanded, including gas fee payments. Finally, this article proposes the enactment of basic law regarding commercial re-use of public sector information for the purpose of more efficient system for re-use of public information, as shown in the cases of the European Union and the United Kingdom.