헌법상(憲法上) 개인정보자기결정권(個人情報自己決定權)에 관한 연구

백윤철 ( Yun Chul Baek ) 법조협회 2002 法曹 Vol.51 No.5

電氣通信과 個人情報保護

백윤철(Baek Yun-Chul),정회근(Jeong Hoe-Geun) 한국토지공법학회 2003 土地公法硏究 Vol.20 No.-

The focus of this thesis is the protection of personal information about the information communication in Korea. Recently, personal information incidents such as wiretapping, hacking and cyber terror etc. have become worse and its scope is gradually expanding. The objective of “The Research on wiretapping, hacking and cyber terror etc. about Information and Communication is to develop efficient overall response system including law, institutional, and organizational research and development plan. The constitution guarantees freedom of communication as a basic right. Intrusions on this cannot be overlooked simply for the vague reason that there are investigations into communist activity.

일본 스포츠 진흥정책의 시사점

백윤철 ( Yun Chul Baek ),김한양 ( Han Yang Kim ) 단국대학교 법학연구소 2011 법학논총 Vol.35 No.2

Can the country intervene actively which extent of sports? Japan is restricting extent that the country intervenes conforming in sports promotion process to sports condition maintenance part mainly, but is establishing continually variouser law in other overseases. And is limiting various kinds to law about individual item of with sports fundamental law that rule Japanese sports whole synthetically safety, job, facilities, formation, education, doping, engagement, broadcasting of sports. Can establish sports promotion policy because event, people athletic meeting, sporting event, teenagers sports, company sports, outdoor activity, leading figure, institution, improvement of the sports level, accident prevention, pro sports player`s practical use of game technology, scientific research were listed Health Sports Day by measure for sports promotion for substance of Japanese sports promotion law. But, sports promotion law are defective concreteness and compelling because there are a lot of instruction regulation or enumeration regulation similarly with Korea Japan. Sports promotion general planning was notified in September 13, 2000 according to regulation of sports promotion law article 4 the first clause. This plan is to become reference guideline of sports promotion measure that is based on local real condition as that present ``According to sports promotion law, that from long-term and synthetic viewpoint the country do by target basic direction of future sports promotion``. Future, as major agenda of sports administration first, policy to push link of whole life sports maintenance substantiality second of area sports environment for social realization, synthetic elevation plan third of the international game level, whole life sports and game sports and school athletic club sports was included. And submited policy of that unfold area sports club by each city, county, village during Japan, 10 years making the more sports activity rate by 50% 1 times a week in adult`s occasion for realization of these major agenda. The Korea has duty to establish sports promotion policy like Japan. And the country has responsibility to develop because connect sports industry, sports policy and sports event. Current people sports promotion law abolishes within near time and fit and suitable sports basis law must establish fast hereupon in the world in correct and new sports in stream present age by method.

社會權의 展開와 法的 性質

백윤철(Yun-Chul Baek),정회근(Hoe-Geun Jeong) 한국토지공법학회 2004 土地公法硏究 Vol.22 No.-

Generally, social right is defined as an inalienable rights approved under the social law. It means the right to ask the government to secure requirements for human life. Actually, it seems to be abstract on one hand but it is explained the idea in the concrete on the other. This study discuss the intrinsic attribute of social right and tries to find out its legal character. For the purpose, we examine the necessity of social right and then establish its up-to-date meaning through a positive law. From this study, we can finally deduce the following conclusion; under the premise that it is possible to protect constitutionally anyone whose social right is infringed, it may be no problem that the social right is considered as concrete right.

프랑스 地方分權의 現況과 潮流

백윤철(Yun-Chul Baek),김한양(Han-Yang Kim) 한국토지공법학회 2005 土地公法硏究 Vol.29 No.-

The France local autonomy, It began in 1982, and by the decentralization law the following results appeared in each field of administration. ① By the legal control method On a local autonomy organization Legitimacy examination. It is based on a region accounts member. Financial control Method Utilized. ② The large authority transfer of transferring the management of the authority of the same field to a local government was realized. ③ It is authority at fiscal reform. In order to compensate for a part for the increase in a fiscal burden by transference, it is a source of revenue. Transference was performed. ④ Reform of a local civil servant system was carried out by local civil servant system reform for the purpose of instrument maintenance and specialist reservation of a local autonomy organization. ⑤ The reform about a local assembly and an assemblyman is to the assemblyman who worked gratuitously. Remuneration was paid. Such France decentralization will have many influences to Korean local autonomy.

電子商去來와 個人情報保護

백윤철(Yun-Chul Baek),정회근(Hoe-Geun Jeong) 한국토지공법학회 2004 土地公法硏究 Vol.24 No.-

An e-business transaction has developed the convenience in terms of changing the business structure and transaction. The provision of e-business transaction, however, that has diversified to acquire the e-information are less signified to recognize the personal information among others. Without recognizing the importance of personal information, it could be difficult to develope e-business transaction system that might obstacle the further development. As the personal information in the e-business transaction that are provided to buy products and service is very significant, a legal system to protect personal information are necessarily refined on preventing an outflow of personal information caused by rapid development of information technology that might be used for a criminal act.

電子政府에 관한 硏究 - 個人情報保護를 中心으로

白允喆(Baek Yun-Chul) 한국토지공법학회 2002 土地公法硏究 Vol.16 No.1

  This paper is comparative systematicically and legally to the E-Government of various countries. and In this the E-Government, we have discussed on "Private Information Security" by way of human right to control the circulation of information relating to oneself in the Constitution all the countries of the world. The human right to control the circulation of information is not only the right to be on the assumption of the utmost, sensitive consciousness of right not to be infringed on one"s right in any form on the basis of individualism, but also the right to secure one"s own field in social life consisted of the contacts with social constituent, so that it"s importance can be larger recognized in it"s nature when the possibility to infringe the individual right of others will be increased by the society to be complicacted and highly-developed.<BR>  In the human right to control the circulation of information come to the problem up to now in relation to the disclosure of private life and so on of low-graded yellow paper and etc., cases of infringement came to occur more frequently by the phenomena of mass formation of society, especially, nowadays the guarantee matters of individual privacy has come to appear on the stage as an important issue in the information-oriented society, relating to the social transformation by information such as the development of informational scientific technology as well as computer and the accumulation of individual information data.

프랑스 지방분권법제에 관한 연구

백윤철(Baek Yun-Chul),이광진(Lee Kwang-Jin) 세계헌법학회 한국학회 2007 世界憲法硏究 Vol.13 No.1

지적재조사 추진에 따른 제반 문제점과 해소방안

백윤철(Baek Yun Chul) 한국지적정보학회 2006 한국지적정보학회지 Vol.8 No.1

본 논문은 지적재조사에 대한 것이며, 1910년의 일제하에 세금징수와 국토수탈의 목적으로 토지조사사업에 대한 것을 1세기만에 바로 잡자는데, 본 논문의 목적이 있다. 또한 본 논문 이러한 지적재조사가 실시되면 발생될 수 있는 제반 법률문제에 대하여 논의한 논문이다. This study aims at resolving the problem of all the point at issue and solution method by cadastral re-survey drive. Japanese cadastral survey is with the object of tax usurpation and land usurpation.

우리나라에서 醫療情報와 個人情報保護

백윤철(Baek Yun-Chul) 한국헌법학회 2005 憲法學硏究 Vol.11 No.1

This research was carried out for the purpose of promoting individual information protection, medical service information, and individual right to control the circulation of information relating to oneself. Every Europe country where interests in privacy of individual information is making a law about individual information protection that belongs to enterprise from a business ethics or personal right protection point of view. And enterprise is working out a countermeasure about individual information protection. Especially, enterprise that offers consumers commodities or services is checking problem about customer information of management system essentially. Also, in Japan and Korea, the law about individual information protection of administrative machinery is already made. And the law about finance enterprise like bank or communication enterprise is being made. in addition, 「basic law of individual information protection」about general company is being under examination. Especially, medical service information can be divided several grade by infringement degree. 최근 의료원이나 병원들의 개ㆍ폐를 하는 경우, 새로이 개업하는 병원이 폐업한 환자의 개인정보를 획득하여 초청장을 보낸다거나, 종이를 없애고 환자의 정보를 모두 전산화했을 때 보험회사 등의 불법적 정보 접근이나 환자가 정보를 침해당했을 경우 손해배상 문제 등 현실적인 논의들은 전혀 거론되지 않고 있고, 비밀 유지에만 급급할게 아니라 침해 가능성이 높은 문제를 먼저 파악하는 것이 필요하다. 이러한 사례들은 헌법상 보장하고 있는 개인정보자기결정권을 침해한 사례이며, 이는 또한 여러 가지 사회문제 를 안고 있다. 즉, 병원과 영리단체에서 환자의 개인정보를 이용하여, 개인정 보를 영리적 목적으로 활용하여, 개인의 개인정보자기결정권을 침해했다면 이를 간과해서는 안 될 것이다. 그리고 본 논문은 이러한 개인정보자기결정권의 문제를 현대에 와서는 대국가적 효력은 당연히 인정되고, 대사인적 효력에 대하여 직접적용 되는지 여부와 간접적용 되는지 여부에 대한 학설이 대립이 있는데, 우리나라에서는 대부분의 경우, 간접적용 되는 것으로 본다. 따라서 기술한 부분에 대해서는 사인간에도 최소한 간접적용 된다고 볼 수 있다. 그렇다면 어느 정도의 의료정보가 제공되는 것이 사회적으로 합리적이고 개인의 자유를 침해하지 않는 범위냐 하는 것을 생각해 볼 필요가 있다. 본 논문에서는 이러한 전제하에서 개인정보의 의의, 개인정보자기결정권의 의의와 제문제 그리고 개인정보로서 의료정보의 헌법적ㆍ법률적 근거를 살펴보고, 의료정보에 대한 제문제를 살펴보았다.