개인정보 보호법상 불확정 개념에 있어 형법의보장적 기능을 확인해주는 해석과 사회상규의 역할

In judging ‘Identifiability' that determines whether an information is a personal information or not, two points are important. It is not necessary to think only in the standpoint of information user(handler), and illegal measures should be ruled out. Based on these two premises, the phrase ‘easy integration' should be interpreted. Meanwhile although it is deemed that handler of personal information the major obligatory subject of the law is to be determined through strict requirements, the majority of subjects are those who processes or processed personal information according to Article 59 of the Act. That is why excessive expansion of punishment in everyday life cannot be checked with the concept of personal information handler. Therefore it is necessary to formularize minimum impunishable behavior through interpretation of the act. Specifically notes should be taken of “The Improper Solicitation and Graft Act” that declared active consideration of social normal practices. This Act supports utilization of social normal practices. When the Act is examined on telephone number, email address and postal address which are communicated often in daily life, the requirements for provision to third party by social normal practices are as follows: The first stage of collecting personal information should be intended also for social fellowship as well as for work. Provision of information should neither infringe upon the right of information subject nor cause disadvantageous results. The provisoin should rule out any potential of social criticism.