근로자 사생활의 의미와 보호범위

다국어 초록 (Multilingual Abstract)

(1) Regarding the employee's privacy, it discusses preferentially that the scope which the labor law can treat peculiarly is decided. From labor law territory, if it tries to define the employee's privacy, the right which isn't interfered unjustly from employer with regard to the private territory which lets to do with secret and wants being free. What is the private territory which lets to do with secret and wants being free? It means that representatively various personal information of the employees, and it could be defined generally all information representing the fact, judgement and evaluation about the spirit, body, property social position and identity of the individual. On the other hand, it is very hard to determine whether the interference is unjust. As the company, for an effective personal management there is a merit which letting to know refers to the fact of private territory of the employees and there is a possibility of saying that the necessity is high specially, from the collective job environment of our country.
(2) It examines concretely the portion that could collide between the employee's privacy and the employer's right. Specially, there is a necessity introducing a problem investigation and the alternative plan about the collection and control of health information which could be issued newly, the new medical treatment which is predicted. There is also a necessity which will reveal the limit of the business supervision by the most up-to-date technique of various CCTV and the e-mail watch back coming to do from the labor personal management. It is the most serious problem from the process which changes into the information society. Also because it is strongly requested that the personal specific life style is important, it is necessary to decide how far is the regulation limit of the employer against a private territory and a private act.