교육통계조사와 개인정보보호-독일의 교육통계조사제도와의 비교법적 고찰을 중심으로

Abstract

Recent years have seen a rising need to lay the legal groundwork for systematic and efficient operation of the national education statistics survey. Basic statistics surveys on education have been conducted in Korea since 1963, but there has yet to be an individual law providing for a clear legal basis of educational statistics surveys. The current basis of the basic statistical survey of education is the Ministry of Education directive, which is problematic in terms of protection of fundamental rights and the rule of law. As one of the most important modern administrative tools, statistical surveys deserve a careful legislative approach. Individual laws should explicitly stipulate the basis for educational statistics surveys. In light of the importance, it may be worthwhile to consider explicitly providing for the basis of statistical surveys in the Constitution, insofar as possible. Statistical surveys are closely related to the right to self-determination on personal information. In this regard, the German census judgment may serve as a useful reference point. Of particular note is the emphasis placed on normative clarity and the proportionality doctrine. In damage compensation claims of teachers and professors regarding the right of self-determination on personal information, which are on the rise lately, the important criteria are whether and to what extent personal information features public nature. There is still a long way to go for research on the intersection of education statistics and personal information protection. Provisions under German statutes on education statistics survey tend to be very specific and precise on the object and scope of survey. Today, more emphasis is put on the limits of statistical research in relation to personal information protection. As more and more statistical surveys are conducted on consignment, setting an appropriate level of state regulation is in order. In this connection, regulated self-regulation is worth considering, rather than the traditional, authoritative regulation.