개인정보보호를 위한 현행 형벌체계의 문제점 검토

The Act on Personal Information Protection that was enacted on March 29, 2011 covered not only private sector but also public sector. In other words, not only public agencies but also corporate, group and personal operators had obligation of personal information protection to enact standards of all of the processes from collection to destruction of personal information. The enactment of the act paid considerable attention to regulation subject, scope of the protection, damage relief system, and organization and authority of the committee of personal information protection, and paid less attention to modification of punishment regulations. As a result, systematic mismatching and problems were found between the Act on Personal Information Protection and associated laws. The study investigated problems of criminal sentencing regulations of the Act on Personal Information Protection for the purpose of matching with existing system of the criminal act:At first, sentencing systems of the Act on Personal Information Protection and associated laws were: Like other personal information protection laws, current personal information protection system started from eight principles of personal information protection of ‘OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data’ and regulated considerably heavy statutory penalty to differ from other legal systems. And, the study investigated problems of sentencing system concerning concept of personal information of current legal system to examine validity of concept of personal information of the personal information protection system according to principle of legality. Application of each sentencing regulation had limitation on personal information concept at theory of analysis, and concrete analysis on infringement upon individual personal information was still left to solve fundamental problems from point of view of legislation. Lastly, the study found out incoherence of sentencing system of protection law system of personal information to give reformation to get matching of current sentencing system to protect personal information. The study examined legal punishment regulation on public agencies' personal information protection cancelled at enactment of general personal information protection law to investigate difference between infringement behavior criminally punished and behavior being given penalty, and to investigate comparison with regulations according to general criminal law and existing criminal law systems. Current sentencing system had problems: uniform sentencing of severe punishment, crossing of both imposing of fine and punishment, ununiformity of punishment regulations of associated laws and regulations, and mismatching with existing systems of criminal laws. Current legal system's sentencing had problems of wide and uniform heavy punishment rather than uncertainty of personal information concept, so that scope of criminal punishment should be lessened to protect actual victim and to reform current personal information protection legal system.