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개인정보보호법과 정보통신망법의 관계 분석 -개인정보보호법 제6조를 중심으로-
박노형 ( No Hyoung Park ) 안암법학회 2013 안암 법학 Vol.0 No.41
When there is a special provision in other laws in relation to the Personal Information Protection Act (“PIPA”), that special provision applies. However, the fact that the PIPA and other laws regulate differently with regard to the processing of personal data does not always mean that the latter prevails over the former. This is because the provisions of the latter do not necessarily confine the scope of application to a certain person, object, or matter for the purpose of that law. Accordingly, it is necessary to carefully examine the differences between the PIPA and other such laws. In case where the PIPA and other such laws including the Act on Promotion of Information and Communications Network Utilization and Information Protection (“APICNUIP”) provide for virtually identical or similar contents, the overlapping provisions in other such laws should be removed. At the same time, with the adoption of the PIPA, the distinction between the public and private sectors in the processing of personal data has blurred. Given the fact that in today`s information-oriented society, majority of businesses no longer distinguish on-line and off-line operations, it is desirable that relevant provisions of the APICNUIP should be incorporated into the PIPA. As to other such laws on the processing of personal data, the provisions therein can be adjusted either by specifically reinforcing or alleviating the relevant text according to the purpose of such laws. Moreover, specific standards on the processing of personal data which meet the needs of particular industries or businesses can be addressed through the relevant guidelines on the processing of personal data as provided for under Article 12 of the PIPA. In order for the PIPA to effectively apply as a general law on the processing of personal data and to substantially protect the privacy of data subjects, the legal system on the processing of personal data needs to be uniformed on the basis of the PIPA. In fact, as only two years have passed since the PIPA came into force, as of writing this paper, it should be amended to accommodate and reflect the continuously changing societal environment. In addition, other such laws on the processing of personal data should also be revised to enable the PIPA to function as a general law. Continuous improvements to the legal system on the processing of personal data are required.
박노형 ( No Hyoung Park ) 안암법학회 2012 안암 법학 Vol.0 No.37
In recent years, several efforts to combat threats posed in cyberspace have been made globally and states have been increasing their efforts to prepare for future cyber attack. In this regard, this article examine how to address cyber security issues throughout introduction of international legal regimes. There is a broad range of hostile or malicious action in cyberspace such as cyber war, cyber espionage and cyber crime. Imprecision in terminology hampers serious discussion of these issues. Part I examines how these blurring concept of cyber conflicts can be clarified to derive legal countermeasures against concurrent phenomenon. Cyber war can be defined as the use of force to cause damage, destruction or casualties for military purpose targeting an opponent state. Provided that cyber war using cyber weapons constitutes international armed conflict, principles of the U.N. Charter and International Humanitarian Law are applicable to cyber war. Regarding protection of private and civilian facilities which does not fall within the scope of military objective, international cooperation system must be implemented for cyber security throughout introduction of related international organizations. Contrary to the cyber war, cyber espionage is difficult to be regulated by international norms. Although it may be interpreted as electronic preparation of battlefield, it is neither plausible to investigate all of the spy action nor apply the law of armed conflict. Cyber crime, intended cyber attack by individuals, is technically differentiated with cyber war. The identity of those who engage in these crimes, however, can be indeterminate, and these activities overlap with cyber war at some extent. Part II explore into several cyber security strategy, especially one of the U.S., Lo create and secure international agenda for cyber defense. This part first examines whether cyber deterrence strategy would work based on a state`s public discussion. The paper further analyze the blue print of the international treaty on the use of cyber weapons reflecting fundamental characters of cyber threats. The author finally derive the necessity of international agreements to prohibit cyber attacks towards civilian and non-governmental facilities.