개인정보보호 법제 정합성 강화를 위한 고찰- 정보통신망법과 신용정보법을 중심으로 -

「Personal information protection act」 as general law stipulates that the relationshipwith other laws shall be subject to the provisions of this Act except as otherwiseprovided in Article 6 of the Act. Accordingly, since 「Personal Information ProtectionAc」t is a general law in this field, the personal information protection regulations in「Act on Promotion of Information and Communication Network Utilization andInformation protection」 are special laws on the protection of personal information. However, the provisions of 「Personal Information Protection Act」 and existingpersonal information protection laws are largely duplicated. As a result, it isconfusing for the intervention of multiple regulatory bodies as well as for the lawsthat apply to the legal applicants. There are many laws and institutions related topersonal information protection in Korea, but it is doubtful that such laws andinstitutions give the personal information processors predictability and protect therights of information subjects. Now, we should think about the direction of enhancingthe normative power of related laws rather than revising or revising new laws. Inorder to do so, we first need to ensure the integrity of personal informationprotection laws. Personal information protection general laws and Personal informationprotection special laws should be reviewed to eliminate unnecessary laws andregulations. I believe that even if unnecessary laws related to personal information exist in accordance with ministry selfishness and various interests, only a lot ofapplication confusion and interpretation mistakes in practice are resolved. If 「Act onPromotion of Information and Communication Network Utilization and Informationprotection」 leave a wide range of privacy regulations intact, ultimately, 「PersonalInformation Protection Act」 is a general law and its meaning is diminished and isbound to be reduced or eliminated. However, there is no theoretical or practicalnecessity to exist as a special law any more, although 「Act on Promotion ofInformation and Communication Network Utilization and Information protection」,which is the most problematic at present, does not abandon its role as a general lawwith the appearance of a special law. Therefore, according to 「Act on Promotion ofInformation and Communication Network Utilization and Information protection」, theprotection of personal information should be deleted and abolished and integratedwith the general corporate personal information protection law. Secondly, 「CreditInformation Use and Protection Act」 should have legislative forms and systems thatregulate the contents to be specifically regulated as a special law, even if thenecessity to regulate personal information in a specific area of credit information isacknowledged to some extent. You should not try to make the appearance of generallaw as it is now.