개인정보 법체계 정합성 확보를 위한 소고 -금융, 의료, 정보통신 법역(法域)을 중심으로

Korea became a legal system that completely covers the entire public and private sector in the implementation of 「Personal Information Protection Act」. However, laws concerning "personal information" is already more than about a hundred each area such as finance, health, education, employment, information and communication. These laws were created individually, sporadically whenever there is a demand, not enacting under the comprehensive planning design, so resulting in the situation that does not ensure the consistency between the laws. Based on this awareness issue, the paper specifically reveal the inconsistencies and conflicts between Personal Information acts on financial, healthcare and ICT areas, it was to derive improvements to resolve them. 「Personal Information Protection Act」 strengthened the position as general and basic Law of personal information protection, as a result it is to provide a way that personal information can be protected so effective. First, the key points that determine the basic direction of 「Personal Information Protection Act」 should be reflected consistently in the Privacy Acts of individual areas. As a concrete plan, readjustment of legal punishment, the unification of the redundant system , coherence of key legal terms should be made. Second, unless there are a very unusual provision requirements, the new legislation should be avoided and it is desirable that regulations related to personal information protection of 「Act on Promotion of Information and communications network utilization and information protection etc. 」and 「Act on the protection, use, etc, of location information」 are incorporated in the "Personal Information Protection Law". Third, existing regulations should be reasonably 'modified' considering the characteristics of each area and to meet the changing environment based on information technology, including Big Data, Cloud Computing, etc.