메뉴 건너뛰기
.. 내서재 .. 알림
소속 기관/학교 인증
인증하면 논문, 학술자료 등을  무료로 열람할 수 있어요.
한국대학교, 누리자동차, 시립도서관 등 나의 기관을 확인해보세요
(국내 대학 90% 이상 구독 중)
로그인 회원가입 고객센터 ENG
주제분류

추천
검색

논문 기본 정보

자료유형
학술저널
저자정보
저널정보
한국비교형사법학회 비교형사법연구 비교형사법연구 제12권 제2호
발행연도
2010.1
수록면
577 - 612 (36page)

이용수

표지
📌
연구주제
📖
연구배경
🔬
연구방법
🏆
연구결과
AI에게 요청하기
추천
검색

초록· 키워드

오류제보하기
This paper examines “integrated” protection measures against the infringement of personal information in criminal perspectives. It differentiates from the existing legislative measures, that is, special law institution. Informationalization produces one of serious side effects; the infringement risk of personal information. To handle this, we have devised and legislated various special laws separatively and individually along with the development of information technology(IT) in various fields. This type of laws, however, has some weaknesses. Some of special laws sporadically regulate their subjects or occasionally overlap with others in certain legal areas. They have also caused the imbalance of punishment system. As lawmaking often lags behind the development of IT, there exists a gap between infringing personal information and protecting it. One of suggestions can be, such as it was, legislation of a new, “comprehensive” special law to response to all types of cyber crimes or protection of electric personal information. It, however, can be more reasonable to supplement or amend criminal codes than to propose another new special law. From this point of view, first up, this paper analyzes criminal laws and regulations dealing with the protection of personal information, then, discovers weakness of the related legal system. Secondly, It examines the meaning of personal information and its change in legal view. Finally, it observes the possibility of criminal codes as a legal protection of electric personal information as well as its limits. In conclusion, personal information should be understood as an inherent right of individuals. Accordingly, it involves the criminal protection against the infringement of self-determination. In order to respond the ever-changing information society, lawmaking policies should rather focus on a general and principle legal basis than a case-by-case basis influenced by technological changes. As technological environment changes or even though it does, the existing “criminal code” as a general criminal standard and its application should be middle of consideration. The fairness of criminal punishment matters. Accordingly, it is important to take criminal measures which focuses not on the protection of personal information itself but on types and similarities of its infringement. In addition, it is necessary to develop IT technology to protect individual's privacy in ever-changing information society.

목차

등록된 정보가 없습니다.

참고문헌 (35)

참고문헌 신청

함께 읽어보면 좋을 논문

논문 유사도에 따라 DBpia 가 추천하는 논문입니다. 함께 보면 좋을 연관 논문을 확인해보세요!

이 논문의 저자 정보

최근 본 자료

전체보기

댓글(0)

0