금융기관 개인신용정보의 이용 및 보호에 관한 법적 연구

Abstract

As a individual data spill continuously occurred, personnel credit information is illegally used by unspecified someone to diverse way. So the psychological injury and monetary damage are increased. The personnel credit information is overlapped by diverse act and has many ministry and office concerned, such as "The use and protection of credit information act", "The law regarding the promotion of information and communication network use and protection of information", "Electronic Financial Transaction Act" and "Digital Signature Act". So it is very difficult to set up integral measures. So in this study, we find troubles through introduction of related law and meaning of the personnel credit information. And we discuss the amendment about credit information and find the solution of the law regarding individual data. We investigate many journal article and media related to the personnel credit information and then we analyze problems of the current situation and discussion situation. We disentangle the meaning of the personnel credit information and introduce contents of the legislative system focused on "The use and protection of credit information act". And we analyze how foreign individual data act is managed and operated and compare foreign act to domestic act. Then we review troubles and suggest alternatives about protecting and using the personnel credit information. I think integration law related to individual credit information because individual credit information is overlapped by diverse act. And the leakage of the individual credit information is not problem happened to only Korea. There is high probability of foreign leakage through Internet and other network. So we need to supervise it related to extraterritoriality. So I suggest to establish Public Credit Registry under government to administer individual credit information. It is important to assign responsibility for managing credit information. Moreover individual credit information must not share no more than the purpose of an internal management control among related company and shall apply right of withdrawal and the provision of consent concerned about credit information. I suggest legal penalty and compensation system to strictly administer credit information and if this financial institutions meet the condition of protection data, the law assign incentives such as a tax privilege and need class action to simplify the process of action.