가정폭력피해자의 개인정보보호를 위한 법제 개선에 대한 연구 - 가족관계등록법상 등록사항별 증명서의 교부 등의 제한 제도를 중심으로 -

Abstract

According to the Inconsistency with the Constitution on the part relating to “request of the issuance of a family relation certificate and an identification certificate by lineal blood relatives among certificates prescribed in Article 15” in the main clause of Article 14 (1) of the Act on Registration of Family Relations, the Act on Registration of Family Relations was amended to limit the issuance of certificates and disclosure of information to be entered to persons designated by domestic violence victims and has been in effect since January 1, 2022. This amendment is important in that victims of domestic violence were given control of personal information under the Act on Registration of Family Relations. However, limitations may point out in that the 2022 revised Family Relations Registration Act is not easy to understand due to its complexity and lacks protection of the interests of those subject to disclosure restrictions, not domestic violence offenders. Furthermore, further improvement is required considering the need to protect personal information in our current society, the increased risk of leakage due to strengthening access to personal information, and changes in public perception of families. Accordingly, in the short-term improvement direction, it was proposed to add immediate notification and periodic verification procedures, and to apply the system to protect personal information of crime victims other than domestic violence. A plan to reduce the scope of claimants for issuance of certificates was proposed as a mid- to long-term improvement direction. Based on the improvement direction proposed, the 2022 revised Family Relations Registration Act will play a role as an effective system for actively guaranteeing personal information of domestic violence victims, suppress the misuse, abuse, and leakage of personal information and aim for the legitimate use of personal information. under the Act on Registration of Family Relations.