기록관리 관점에서 본 정보공개법과 개인정보보호법의 조화에 관한 연구

다국어 초록 (Multilingual Abstract)

With legislation of 「the act on records management of public records management」in 1999 and 「the act on freedom of information for public organization」in 1996, records management through disclosure of information was actively begun in Korea. And as 「Personal information protection act」was enacted in 2011, personal information could be protected independently, until then, personal information had been treated with act for freedom of information. Furthermore, this act could function as a law not only for personal information about public records but also for protection of individual, general corporate, portal site etc.
Thus, two independent act systems were arranged well in form but it has not been long since request to open information was made, and the opened information have been regarded as simple tool produced in a job not records. Although 「Personal information protection act」was enacted, there are no clear criteria related to personal information. This causes leak of personal information due to thoughtless disclosure of information or a problem that information is not opened unconditionally.
Accordingly, the study deals with definition of Freedom of information act and Personal information protection act related to records management, and development process of such act system. To help understand systematic understanding of Freedom of information act and the act on records management, the relationship between Freedom of information act and article 37 of the act on records management was dealt with. The relationship between article 35(perusal of personal information) of Freedom of information act and clauses 1 to 4, article 37 of the act on records management was dealt with.
Operation status of two acts was investigated through annual report for Freedom of information and annual report for personal information protection. And relationship between two acts was examined with their clauses and cases of conflict were studied. Let's see conflict cases. There appear such problems as procedure of dissatisfaction by non-disclosure of personal information when disclosure of information is requested, resident registration number and major records are not protected on the system of disclosure of information etc.
To solve such conflicts, measures for harmony of two acts are necessary from view of governance. For example, when personal information are requested, personal information which are expected to remain non-disclosure records, it would be necessary to seek compromise point by keeping important information like name and resident registration number etc. not to be opened. Next, best solution would be to secure information while protecting personal information as much as possible through a method to have records which can be opened by understanding character of a related body with the information.
The study is expected to be the start that can make harmony between two acts by supplementing disadvantages in two acts through freedom of information act and protection act with possibility of development. To this end, this study investigated two independent acts - existing studies focused on freedom of information act.

목차 (Table of Contents)

• 제1장 서론 1
• 제1절 연구의 배경 및 목적 1
• 제2절 선행연구 4
• 제3절 연구범위 및 방법 7
• 제2장 정보공개법과 개인정보보호법 9
• 제1절 정보공개법 9
• 1. 정보공개의 정의와 법의 발전과정 9
• 2. 정보공개법과 기록관리 13
• 제2절 개인정보 보호법 19
• 1. 개인정보의 정의와 법의 발전과정 19
• 2. 개인정보보호법과 기록관리 25
• 제3장 정보공개법과 개인정보보호법의 현황 및 문제점 29
• 제1절 정보공개법과 개인정보보호법의 운영현황 29
• 1. 정보공개법의 운영현황 29
• 2. 개인정보보호법의 운영현황 39
• 제2절 두 법과의 관계에서의 문제점 44
• 1. 두 법과의 관계 44
• 2. 두 법의 충돌사례 48
• 1) 정보공개청구 과정에서의 개인정보 비공개 문제 48
• 2) 본인 정보의 개인정보 청구권 거부문제 53
• 3) 정보공개 시스템 관리상의 개인정보 유출문제 55
• 제4장 거버넌스적 연계를 통한 두 법의 조화방안 57
• 제1절 거버넌스와 기록관리 57
• 제2절 거버넌스적 시각에서의 정보 공개법과 개인정보보호법의 조화방안 59
• 제5장 결론 65
• 참고문헌 68
• Abstract 73