중국의 개인정보 보호를 위한 형사 법제에 관한 소고

Abstract

China began to directly regulate the protection of personal information through criminal legislation as the act of infringement of personal information brought a wide range of risks to an unspecified number of people, and this method is still effective. First, by Article 253-1 (Crime of Infringement on Citizens’ Personal Information) of China's 「Criminal Law」, Whoever sells or provides or illegally obtains any citizen's personal information in violation of the relevant provisions of the state shall be punished. Where an entity commits any crime of infringement on citizens’ personal information, the entity shall be to a fine, and its directly responsible person in charge and other directly liable persons shall be punished. Secondly, by enacting 「Judicial Interpretation」 related to personal information infringement and telecommunication network fraud, China supplements the legislative shortcomings in the provisions of ‘Crime of Infringement on Citizens’ Personal Information and Crime of fraud’, and provides important adjudication norms from a legal and practical point of view. In fact, 「Judicial Interpretation」 serves as an important guideline that has legal effect within the Chinese legal system. Finally, major criminal trial in China related to personal information protection tend to apply the specific contents of the relevant 「Judicial Interpretation」 as direct adjudication norms. In addition, the proportion of sentenced to imprisonment is absolutely high to maximize the effect of general prevention and special prevention of punishment. On the other hand, in order for Korea to effectively regulate infringement on personal information, it is necessary to refer to China's legislation stipulating personal information protection regulations in criminal law. In addition, in order to effectively counter to telecommunication network fraud from China, the establishment of a regular international cooperation in criminal justice system with China should take precedence.