기술혁신환경에서 프라이버시와 공권력의 충돌과 조화

Services using the privacy content are spread and evolving technology has more and more spying on the private lives unknowingly. But itself is nonsense to ban these technologies and services by the laws and institutions. Although we can not give up privacy historically gained through so many struggles and sacrifices and should not be. With this critical attitude of mind, this study analyzed and evaluated their conflict relationship to seek the harmonization measures between personal privacy, public authorities as justification element of public interest and the freedom of business. Meanwhile, the design of the public authorities to solve these conflicts were intimidated by this piecemeal approach rather than being carried out under the basic principles of the Constitution. Therefore, prices should have a regulatory failure that triggered the basis of several public authorities, such results give a blow to the industry, while only side effects not intended and national consensus on the public power was lost. Not only that, this public authority applies only to domestic operators by being reduced to half-public authorities. Eventually, unequal enforcement of public authority degrade the morale of its citizens and weakened confidence in the country. Public authorities can be justified by implementing the value of the public interest by the rule of law. Also exercise of public authorities for the realization of the public interest should be sure to observe the principle of proportionality. Therefore, this paper proposed the following as the basic principles to resolve these conflicts : The principle of proportionality should be applied with respect to the conflict between public interest and private interest. And respecting the principle of private autonomy with respect to conflicts between a private interest and another private interest but adjustment of the crash between the basic rights(eg. privacy vs. freedom of sales) shall be resolved in accordance with the principles of proportionality and harmonization of norms. This study looked to find a harmony under these principles solving conflicts with privacy, public interest and the freedom of business surrounding 'KakaoTalk tapping case', ‘right to be forgotten' and 'drone'.