정보기술 발달과 개인정보 침해에 관한 법적 고찰 = A Legal Approach to the Information and Communication Technologies Developments and Privacy Infringement

다국어 초록 (Multilingual Abstract)

For the recent several years, the use of new information and communication technologies(ICTs) has increased exponentially. The ubiquitous computing society is likely to become a reality in the very near future. The ICTs are advancing much faster than our expectations so that our imagination seems not to keep up with the actual speed of technological developments.
We believe that the development of ICTs will bring forth significant changes on our lives and thus ensures a better quality of life. However, it is difficult to make an accurate prediction whether or not such advance of technologies will make human beings happier than before. This uncertainty over the effects of ICTs which will be made on our lives mostly results from the fear of the advent of the surveillance society where 'Big Brother' as well as 'Little Sister' constantly monitor us.
The indications that ICTs may make negative impacts on human beings have been given. Such negative impacts that stem not from side effects of ICTs on our lives but from the dangers inherent of the technologies themselves have been made by attempts to deny the dignity of human beings and dominate them. Regardless of whether the purpose of the suveillance can be justified or not, it is unendurable humiliation and pain for "Homo sapiens" to be degraded to a subject of the surveillance. The surveillance deprives human beings of free will and thus makes them slaves. We, human beings should prepare for the age of surveillance and controls which will appear on the stage owing to the developments of ICTs. The pessimistic view that the society will be more severe and dreadful in such age of surveillance and controls than in any other controlled society throughout human history seems to be persuasive.
The legal issues arising with the developments of ICTs are also complex and profound. For example, some technologies intrinsically have characteristics which hinder the legal solutions for related problems. When the legal solution is allowed, it is sometimes still difficult to settle the problem because the interests and rights of the parties concerned conflict. For example, new forms of disputes or conflicts, which could not be expected to occur at the time of the invention of related technologies, such as those between privacy and intellectual property, employers' monitoring and employees' privacy, and the freedom of expression and the right of honor are arising.
This paper intends to provide legislative measures to protect privacy in the ubiquitous computing society based on such technologies as IPv6, RFID, MP3, P2P, Location Based Services, CCTV, etc..

목차 (Table of Contents)

• Ⅰ. 판옵티콘 안의 현대인
• Ⅱ. 정보통신기술 발달의 법사회학적 의미
• Ⅲ. 정보통신기술 발달과 법률문제들
• Ⅳ. 정보통신기술 발달과 프라이버시보호 문제
• Ⅴ. 맺음말: 유비쿼터스환경에서 프라이버시보호법의 제정방향