근로자의 개인정보 보호 법리에 대한 한ㆍ일 비교

Users would get much benefit from the area called productivity, quality improvement, business efficiency, low-cost realization, and safety secureness through labor surveillance of the work site. However, unlimited monitoring or investigating and surveillance the work site is overusing the superior position of users, so has a concern of infringing the privacy of labors at work although the users have such benefits. In case of Korea and Japan, the Right of Privacy is stipulated in the constitution, therefore, it is general to recognize tapping a telephone was relevant to infringement of right of privacy. Also, the common task is that there is no clear recognition of the issues on the right of privacy by IT devices, including emails. This study purposes to analyze and review the forms of personal information infringement and legal principles on its protection for labors at work. First of all, users take privacy infringement of labors for granted by giving the duty of concentrating on job of employees, and labors insist that the actions of labor surveillance of users using the IT devices are illegal due to the issues of the privacy infringement. This study analyzes and reviews the comparison of legal principles of Korea and Japan, and opinions on the precedent appeared from the legal application and interpretation with the comparative legal method. The study tries to review the necessity and appropriateness of labor surveillance activities using IT devices by understanding the legal systems of both nations in general.