원문정보
초록
영어
The control of information about oneself has emerged as the most sensitive issue both personally and nationally in a digital information society. In the digital information society, the right to informational self-determination is very likely to emerge as a fundamental constitutional right to be the cornerstone of maintaining a free democratic system. As a guardian of constitutional rights, the Korean Constitutional Court has maintained an appropriate balance between guaranteeing the right to informational self-determination and social safety. This paper examines how the Constitutional Court allows restrictions on the right to informational self-determination by analyzing the details of the four-step review of the principle of prohibition of excessive restriction on cases of violation of the right to informational self-determination. Even if some flaws are often found in the process of the argumentation, the Constitutional Court's credit for properly balancing the right to informational self-determination and social safety as public interest should not be underestimated.
목차
Introduction
Meaning and Constitutional Basis of the Right to Informational Self-Determination
Argumentation Structure of the Principle of Excessive Restriction in Assessing the Scope of the Right to Informational Self-Determination
Cases in favor of Right to Informational Self-Determination
Case on Legal Provisions without Rules Concerning Deletion of Criminal Investigation Data Regarding a Group of Juveniles (2018Hun-Ka2)
Case on Location Tracing Data under Protection of Communications Secrets Act (2012Hun-Ma191)
Case on the Registration of Personal Information for the Crime of Obscene Conduct Using Means of Communication (2015Hun-Ma688)
Case on Storage and Management of Sex Offender's Personal Information (2014Hun-Ma340)
Cases in Favor of Social Safety
Case on Reporting Obligations on Persons Subject to Post-release Supervision (2017Hun-Ba479)
Case on Identity Verification of Potential Subscribers to Telecommunications Services(2017Hun-Ma1209)
Case on the Disclosure and Notification of Sex Offender's Personal Information (2014Hun-Ba68)
Registration of Personal Information of Sex Offenders (2014Hun-Ma340)
Conclusion
References