「사립학교법」과 「개인정보 보호법」의 괴리에 관한 고찰: 징계사유조사와 징계의결요구를 중심으로

Abstract

Among the many challenges regarding the interpretation and application of the Personal Information Protection Act, we paid attention to the conflict between the Private School Act and the Personal Information Protection Act, which are facing in the self-audit practice of school corporations, and discussed solutions to them. Specifically, how to interpret Article 18 of the Personal Information Protection Act determines whether the audit is legal or illegal under the Private School Act, and there are cases in which audit personnel at school corporations are accused of criminal matters. Based on this awareness of the problem, this paper ① presented possible case, ② looked at the actual laws surrounding self-audit, ③ introduced the decisions of the Personal Information Protection Committee, ④ identified the application of the Personal Information Protection Act through in-depth interviews with investigative police officers, and ⑤ presented solutions to the case and promoted legislative suggestions. Investigative police officers who participated in the interview answered that they did not clearly understand the Personal Information Protection Act, and that the concept of the Personal Information Protection Act itself was ambiguous and faced considerable difficulties. As an improvement plan, it was suggested that Article 18 (2) of the Personal Information Protection Act should add “in the case of “audit” in public institutions (to which the Personal Information Protection Act applies) as a requirement for the use of personal information outside the purpose and provision of it to a third party, or include “school corporations and affiliated schools” in Article 2 (4) of the Public Audit Act.