개인정보 분쟁조정제도의 활성화를 위한 헌법상 연구

In the advanced scientific technology society, the forms and patterns of the conflicts and disputes between the involved parties have been diversely appearing in diverse fields such as society, economy, politics, medicine and education. Accordingly, it is being revealed that the basic human rights guaranteed by the constitution cannot be sufficiently protected through the preexisting traditional conflict resolution means such as trial and lawsuit executed through the court. ADR has been attracting the interest as an alternative to the traditional conflict resolution means. ADR provides more efficient dispute resolution means through not only requiring relatively less time and cost in comparison to lawsuits executed through the court, but also providing right protection means that anyone can easily have access to. Although there are discussions on whether or not ADR violates the right to trial guaranteed by the constitution and whether or not the dispute mediation system is effective, it is valid in terms of the principles of constitutionalism to establish diverse right protection means to efficiently protect the basic human rights, and the need for dispute mediation system serving as the new type of right protection means has been increasing. In this thesis, dispute resolution procedures other than the trial will be examined through classifying and analyzing types of dispute resolution procedures other than the trials that can be executed in accordance to the current law. Specifically, not only the status of and problems with the personal information dispute mediation system will be examined, but also the plans for consolidating the legislative system will be examined to propose a resolution plan that can be used to promptly and effectively resolve violation of rights among the involved parties.