위임입법의 측면에서 살펴본개인정보보호법제의 문제점 - 「개인정보의 기술적･관리적 보호조치 기준」 고시 및정보통신망법을 중심으로 -

Since 「Personal Information Protection Act」(hereinafter referred to as the ‘PIPA’) was enacted in 2011, individual laws that regulate the protection of personal information are scattered in each social sector, and the administrative authorities are also dispersed accordingly. In the reality that the reforming of PIPA and individual laws is troublesome, the next best thing is to find legal problems in the current legal system and to improve them. As the current information society has evolved into a hyper-connected society, the 「Information Communication Network Act」 (hereinafter referred to as the ‘ICNA’), which regulates the personal information protection on the network, operates as de-facto general law instead of PIPA. The ICNA delegates 「Public Announcement of Technical and Administrative Protection Measures of Personal Information」 (hereinafter referred to as the ‘PIP Announcement’) to stipulate mandatory regulations regarding technical and administrative measures of personal information protection. Both administrative disposition and criminal punishment could be ordered with the violation of PIP Announcement. This article raises the issues on ICNA regarding the legality of such delegation system, contends that such delegation violates not only the non-blanket-redelegation doctrine but also the rule of clarity(especially PIP Announcement article 4.9. and 4.4.). In conclusion, this article suggests the way to remove unconstitutionality of ICNA and PIP Announcement. In addition, this article proposes both ex ante and ex post procedure which could be applicable to enact law-supplementary administrative rule such as PIP Announcement.