공직자의 사생활의 자유의 한계와 제한에 관한 헌법재판소 결정문 분석

I will try the analysis as well on the privacy right decisions by the Korean Constitutional Court. The Reserch method is the analysis of Constitutional Court of Korean's decision on privacy invasion 2006 Hun-Ma 402 ; 2012 Hun-Ma 331, 2005 Hun-Ma 1139. Article 17 of the Constitution provides all citizens' right to private secrecy and freedom of privacy shall not be infringed, thereby guaranteeing the rights to privacy as a fundamental right. The right to private secrecy is a fundamental right that provides protection against monitoring one's private life by the government, whereas the freedom of privacy implies protection against the government that hinders or prohibits freely forming of one's private life. In concrete, the right to private secrecy and the freedom of privacy include the right to maintain one's inner secrets, the right to be guaranteed of one's inviolability of his or her privacy, the protection of one's intimate area such as sexual or conscientious issues, the right to be respected of one's feelings and the right not to be infringed of one's private life. Personal health information containing an individual's physical/mental condition, health, and sex life is one of the crucial elements of human dignity and character. Therefore, the collection and public disclosure of such information upon the adjustment of interests from outer world should not be easily allowed in order to foster an individual's character and self-identity.