개인정보자기결정권이 문제되는 사건의 위헌심사에 대한 제언 — 헌재 2022. 11. 24. 선고 2021헌마130 결정을 중심으로 —

The text is an in-depth analysis and evaluation of the Constitutional Court's decision 2021Hun-Ma130. It focuses particularly on the issue of the right to self-determination over personal information and discusses the conflict between privacy and fundamental rights. The Constitutional Court ruled that granting family relationship certificates could be done without the consent or delegation of the individual in concern even if it includes their confidential or private information, and this did not violate their right to self-determination over personal information. The paper explains the reasoning and background for why the Constitutional Court concluded that the right to self-determination over personal information is not infringed in this context. It underscores the importance of personal data protection, especially in an era where the control over one’s own information is increasingly recognized as a fundamental right. The analysis discusses the potential conflicts that may arise in the process of personal data handling and the implications for various fundamental rights. It aims to propose an appropriate legal judgment framework and review structure relevant to cases where the infringement of the right to personal data self-determination is questioned. Such an analysis is expected to contribute to understanding the growing importance of personal data protection and help harmonize constitutional values with individual rights in modern society.