감염병 대응을 위한 개인정보제공과 관련된 형사법적 쟁점에 관한 고찰

Abstract

Korea's quarantine and response to Coronavirus Infection-19 is currently in the spotlight as an exemplary model worldwide.
 The success of Korea's quarantine against Corona 19 pandemic based on Use of personal information. But the Corona 19 pandemic brings a new problem in the ‘use and protection of personal information’.
 The question of how to reconcile the conflict between the public interest of preventing infectious diseases and the human rights of individuals is very important.
 「Infectious Disease Control and Prevention Act 」Article 76-2 regulates Request for Provision of Information. It states that the head of the Korea Centers for Disease Control Agency or a Mayor/Do Governor may request an information about the location of suspected persons, including a patients of an infectious disease, to the head of a police station if necessary. The Article 76-2 ② states that the Organization and Operation of National Police and Autonomous Police to provide location information of patients of an infectious disease, etc. and persons suspected of contracting an infectious disease, may request any personal location information from the telecommunication service provider and the provider cannot reject such request without justifiable reason.
 But, these regulations have the following problems: First, the right of Request for Provision of Information is a suspicion of violation of the principle of prohibition of excess. The system for requesting personal information bases on Article 76-2 is, from the point of view of the breadth of the subject, spatial limitlessness, object of information, a suspicion of violation of the principle of prohibition of excess.
 Second, regarding the concept of person suspected of contracting an infectious disease, there is a suspicion of violation of the principle of clarity