직장에서의 私用메일 감시행위에 대한 한ㆍ일 사례검토

Abstract

Information and communication technology based on computer network systems has seen remarkable advancements, and at most of the work places, email, which allows delivery of large volume of information quickly, is being used. Accordingly, the use of email has become a necessary means for efficiently carrying out business tasks for companies. However, often the email at the workplace had been used not only for business purposes, but for personal purposes as well. And as a preventive measure for the use of email during work hours for personal purposes by the employees, companies started to practice electric monitoring and surveillance of email from the production/personnel/work management perspective. This thesis aims to understand the problem of the protection of personal privacy (protection of personal information) of employees with regards to electronic monitoring or surveillance activities at the workplace, by analyzing and investigating cases in South Korea and Japan for which surveillance and probe activities of personal emails of employees at the work place have become an issue. In South Korea, issues of investigation and surveillance activities of personal emails of employees at the workplace are dealt with by public laws and criminal punishment, whereas in Japan, they are dealt with as private unlawful acts. The application of the two countries’ laws will be analyzed and examined using a comparative method.