Earticle

초록

영어

Intelligent surveillance has become a normalized management practice for employers seeking to optimize and enhance managerial efficiency. In the workplace context, intelligent monitoring demonstrates, on the one hand, a high degree of concealment in its methods and a comprehensive, boundary-spanning capacity for information extraction; on the other hand, it exhibits a strong intrusive nature, thereby encroaching—at varying degrees—upon employees’ spheres of autonomy and privacy.The legitimacy of employers’ use of intelligent surveillance derives from their right of labor management. In the era of digital intelligence, the exercise of such managerial authority has evolved toward digitalized labor governance, wherein the application of intelligent surveillance within a reasonable scope may be regarded as both lawful and justified. However, when the means or extent of surveillance exceed legal boundaries or the threshold of necessity, such practices may degenerate into violations of employees’ rights to privacy and personal information protection.Accordingly, workplace intelligent surveillance must operate strictly within the constraints of the legal framework. The general principles governing the collection and processing of personal information— namely the purpose limitation principle, the principle of proportionality, and the rule of informed consent—should be transplanted into the workplace setting and further refined to reflect its particularities. By establishing a dual public–private law regulatory system and reconstructing the standards for assessing the legitimacy of intelligent surveillance, it becomes possible to develop a normative system centered on labor standards legislation, incorporating typological regulation, due process regulation, and whole-process supervisory mechanisms. Through this framework, a balanced development between employers’ managerial interests and employees’ individual rights can be effectively achieved.

목차

Ⅰ. The Proliferation of Workplace Intelligent Surveillance and Its Legal Risks
Ⅱ. The Source of Employers’ Authority to Apply Intelligent Surveillance
Ⅲ. Legality Control over Employers’ Application of Intelligent Surveillance
Ⅳ. Regulatory Pathways for Workplace Intelligent Surveillance
Ⅴ. Conclusion
Bibliography
ABSTRACT

키워드

저자

• Li Rui [ Associate Professor, Law School, Shanghai University ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340