개인정보보호법 적용대상의 합리화 방안― 법 제58조의 입법론을 중심으로 ―

According to the enaction of 「Personal Information Protection Act」 as a general law, there are special laws like 「Electronic Government Act」, 「Information Communications Network Act」, 「Protection of Credit Information Act」 and so on. Therefore 「Electronic Government Act」, 「Information Communications Network Act」, 「Protection of Credit Information Act」「Personal Data Protection Act」 etc. is special laws to Personal Information Protection Act」. Thus, it is urgent to improve legislation for making sure of legal stability and effectiveness of the law enforcement by minimizing the exceptional rules of special laws about the protection of personal information. From now on, the present system is in want of a total review according to 「Personal Information Protection Act」 as a general law. Next the problem which comes up in the application process of 「Personal Information Protection Act」should be detected and promptly fixed. The legislative purpose of article 58 of 「Personal Information Protection Act 」 is to exclude the application of the applicable law in the cases of appling principle and standard of hardship. However, this legislative system which exclude the comprehensive and overall application of the applicable law for the abstractive and general goal. These regulation urge in some cases excluding all or in other instance excluding part according to the object of the processing personal data. This kind of division is not only well-balanced but also illogical on the legal system. A necessity arises how to rule out and how much exclude based on the types of the manager of personal information and personal data rather than mode like current regulation of the law. There are, however, undeniable difficulties of lawmaking technique which is about how much application of regulation exclude according to characteristic, processing goal and all that of things of personal information like if this kind of method is selected.