Earticle

초록

영어

As electronic and digital trends were emphasized in a world-wide scale, the notion of ‘E-government’ appeared and has been developed. Korea has made steady efforts for the reform to ‘E-government’, too. As the world gets more electronized and digitalized, many governments have tried reformation in governmental area to the ‘E-Government’ and Korea is taking leading position in that reform. But, generally speaking, ‘E-Government’ policies in Korea have inattentively dealt with basic human rights of Korean people such as right of privacy by having excessively clung to the economic ideal of ‘administrative efficiency.’ With the remarkable development of IT and the enlargement of its basic equipment, we are interested in Information increasingly. Recently, there has been in Korea a discussion on the establishment of a body on the protection of student information. From this critical point of view, this study starts with surveying the definition of ‘Student Information’ and ‘Education Information. The protection of student information is still governed by general laws related to the protection of personal information. Student information needs to be protected in a manner different from personal information through enacting a separate law, which would specify the disclosure and protection of student information and the rights of parents. It should be determined in view of the need of education rather than personal rights whether the National Education Information System (NEIS) must include educational information or not. I believe the problem ofinfringement on personal rights which might arise in the course of using educational information should be solved through authorization and security technology adopted by the NEIS as well as the enactment of a new law. These kind of NEIS' data is based on the basic rights of ‘self-data decision’ and ‘self-data control’ which are layed on our constitutional law. Hence the director and teachers in a school should obey the rule which they have to obtain students' parents' consent to collect personal data, to accumulate those data and profiles as the sharing database, and to use the personal information and to dissolve those data. So School masters have to permit to access to their children and to offer their children educational personal data. But we have to make face with any legal resource and are going to search for the standard of data protection guideline of OECD and EU following as: these rule are ‘limit of collection data’, ‘principle of data contents’, ‘principle of object distinct’, ‘principle of limit of use to personal data’, ‘principle of safe protection policy’, ‘principle of openness’, ‘principle to participate’ and ‘principle of responsibility.’ I think that this type of enactment in Korea gives us considerable suggestions in many respects.

목차

Ⅰ. 머리말
 Ⅱ. 학생정보의 개념
  1. 정보의 개념
  2. 교육정보의 개념
  3. 학생정보의 개념
 Ⅲ. 헌법적 접근
  1. 학생정보와 교육제도
  2. 학생정보와 프라이버시권
  3. 헌법재판소의 결정
  4. 교육정보시스템의 합헌성 여부 문제
 Ⅳ. 학생정보의 공개와 보호
  1. 관련 법령
  2. 현황 및 문제점
 Ⅴ. 입법적 개선방안
  1. 입법 필요성
  2. OECD 지침
  3. EU 지침
  4. 입법례 및 제도
 Ⅵ. 맺음말
 참고문헌
 ABSTRACT

키워드

저자

• 김형철 [ Kim, Hyung-Chu | 관동대학교 법학과 부교수, 법학박사 ]

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