통합 개인정보보호법안의 입법체계 검토

The personal data protection could be examined from two points of view, in other words, preparation for preliminary base and establishment of post supplementation. The infringement of personal data required compensation for damages and other post remedial measures of damages: Fundamental measure was demanded to block the infringement of personal data in advance and to require not only construction of legal system for private data protection but also enactment of basic laws. The legislation of personal data protection could be classified into three, in other words, integration, separation and individual area, etc: The legislation in Korea was based on separation because it was divided into public area and private area. On the other hand, the private area was based on individual area because it was regulated by individual laws. Both public area and private area had different governing laws and regulations to be difficult to regulate both areas legally and effectively and to create unconformity between laws and regulations. Therefore, the dual legislation was given a lot of criticism to let the Government as well as NGO make efforts to improve systems and lay a bill of the integrated personal data protection before the National Assembly. The purpose of the study was to compare advantages and disadvantages of the draft bills and to make correction of the draft bill contents in reasonable way. Therefore, this study was based on the laws and regulations of private data protection of not only public area but also private area to investigate five kinds of draft bills which were submitted to the National Assembly (including withdrawn bills) and to suggest compromised bills.