This paper analyzes current law and practice of personal credit information in Korea. It also shows some conflicts between the Act on the Use and Protection of Credit Information and the newly enacted Personal Information Act. Personal Credit Informat...
This paper analyzes current law and practice of personal credit information in Korea. It also shows some conflicts between the Act on the Use and Protection of Credit Information and the newly enacted Personal Information Act. Personal Credit Information is not property right in its strict sense, but should be protected as part of the right of self-determination of information, a fundamental right in the Constitution Law. However, this protection may be compromised for public interest, which is to alleviate the financial market weaknesses inevitably caused by information asymmetry. Evaluation of personal credit with correct credit information can encourage the development of more efficient financial markets. Furthermore, personal credit information should not be abused so that the use of personal credit information as the basic data for accurate credit assessment can be expanded. This paper also suggests several proposals to reform the legal infrastructure for collecting and using correct personal credit information.