개인정보보호법상 동의 관련 범죄의 비범죄화 및대안에 관한 연구

Some of the features of korean regulations about personal information protection are that it focused only to protection not to harmony between usage and protection, and it adopted Opt-in notification and agreement for collection and provide personal information. And the features on the side of restriction, the regulation has comparatively very strict criminal penalty clause, and investigative agency itself can start investigation because the code doesn't have code for 'an offense subject to complaint' neither 'no punishment against will'. We can agree with this stance of regulations because of the difference between the purpose of the legislation, the criminal penalty, and the administrative measure, but it would make many judicial and operational problems engaging with diversity of the definition of personal information and fabrication of the agreement system. Especially, it makes us to raise a fundamental question to these penalty system when we consider the Personal Information Protection Act(PIPA) - the general law about personal information protection provides collection personal information without agreement as a target for imposing fine, and doesn't accomplish agreement principle by providing just notification duty when it collects personal information not from information object. When we review the way to harmonize between protection and usage of personal information, we review the agreement systems abroad and critically check the opt-in notification and agreement system. We check the problem with criminal penalty, and then suggest decriminalization of the crime associated with agreement with the exception of the opt-in notification and agreement system that would be approved to those who got specific certification and the way to establish phased restriction such as recommendation of correction, correction order,penalty for default.