근로자의 개인정보와 프라이버시 보호에 관한 법적 판단

In recent years, with an environment of affordable technology and a lack of adequate regulation, there has been the invasion of privacy in the use of the employees' personal information. As a result, there has been growing conflict of interests between the employer and the employee regarding personal information violation. This paper takes up the challenge from an employees' privacy as a personal right in the workplace. Employers are prohibited from forcing employees to work against their will by means of violence, intimidation, imprisonment, or any other unfair restraint on their mental and physical freedom. Violators are subject to heavy penalties prescribed by the Labor Standards Law. Today, Employees' personal information violation by computer network has been a big issue throughout the world. In the future employee's personal information must be protected from unlimited collection and use of information by their companies and the companies' requirement of information for labor affairs and human resources management must be leveled to protect employees' human rights. Therefore it is necessary to review employees' personal information and privacy issues based on the three-party relations of employees, employers, and the government from the Labor law's view to specify abstract ideologies of the Korean Constitution. Legislation of comprehensive of specific employees' Information Protection Act abided by the Labor Law would be necessary. For the purpose, we should discuss the various issues in a greater depth.