학교급식 이용 통제를 위한 학생지문정보 인식시스템 활용의 위헌성

The major purpose of the study is to review whether the use of the student’s fingerprint information for the control of school lunch is constitutional. The research method is the critical analysis of the National Human Rights Commission of Republic of Korea decision on this control. The major findings are as follows. The commission ruled that the use of the student’s fingerprint information for the control of school lunch invades the student’s right to personality, privacy, and due process for the following reasons. First, there were no parental consents on this use. Second, there was no legal basis for this use. Third, there is a possibility for the school lunch enterprise to make the abused and bad use of the student’s fingerprint information. Last, the efficient management of the school lunch is not the overriding public interest to justify the invasion of the student’s rights. I think that the use of the student’s fingerprint information for the control of school lunch invades the student’s right to personality and privacy because it violates the form prolong, the content prolong, and the minimum loss prolong for restricting the fundamental rights. Also, it violates due process clause since there was no notice to and agreement from the student for the use of the student’s fingerprint information for the control of school lunch. Finally, the National Human Rights Commission of Republic of Korea’s standard for restricting the right to information control is good. However, it does not consider the requirements for restricting fundamental rights and OECD guidelines for protecting the individual information sufficiently. Therefore it is necessary to supplement this standard in order to be consistent with these requirements and the OECD guidelines