개인정보 보호조치 위반 사건 수사의 문제점과 대책

Abstract

The article 28 of ‘The Act on Promotion of Information and Communications Network Utilization and Information Protection etc.’ and the article 29 of ‘The Act of Protection of Personal Information’ require to meet minimal stadards to prevent private information extrusion. The acts also stipulate that the violator shall be punished by imprisonment with prison labor for not more than two years or by a fine not exceeding 20 million won. Although there are articles about criminal punishment, we have few cases found guilty due to vagueness of description. Additionally, we could have an emotional discomfort to charge the victim of data leakage criminally. Nobody predict development of technology and security as to legislate them. Law enforcement also has technical difficulties to prove a violation of minimal caution duty and to interpret a law. In this research, I suggest more specific range of ‘private information’, ‘establishment and operation of information security equipment’, ‘intention’, and ‘cause-and-effect relationship’ by considering information security market analysis and intrepretion of law and judicial precedent review. Additionally, this research formulate a model of private and public joint investigation group to overcome manpower shortage of law enforcement and to secure evidence for civil action.