- Volume 12 Issue 7
In February 2014 Korean Bar Association has amended Professional Ethics Code as to stipulate attorney's duty to protect personal information. While existing Korean law and Professional Ethics Code has made attorney to keep client's confidential information, attorney's newly promulgated obligation has its meaning in that personal information of subject other than client is not protected through confidentiality rules, given that confidentiality obligation is interpreted to protect only client's information relating to representation. Moreover, duty to protect personal information deals with not only disclosure and use of information, which confidentiality rules is about, but also collection and retention process, access to and correction and care of information and even destruction of information. Amid unprecedented theft of personal data in several national banks and other serious leakage reported recently, this paper is going to contemplate the scope and application of the duty to protect personal information with hope to contribute to starting discussion on it.
personal information;information relating to identifiable individual;attorney's duty to protect personal information;confidential information;attorney's duty to protect confidentiality
Supported by : 백석대학교
- Je-Hee Lee. Study on Improvement of Private Information Protection Laws in Korea. LLM dissertation, Sungkyunkwan University, 2009.
- Jin An Choi, Legal Ethics. Sechang Publlishers, 2012.
- Ho Young Son. A Study on the Protection of Personal Infromation in the Light of Civil Law. Ph.D. dissertation, Chung-Ang University, 2006.
- Sang Soo Lee, (2009). The Theory and Application of Legal Ethics, Sogang University Press, 2009.
- Korean Supreme Court: Judgment of Dec. 26, 2003, 2002Do7339 (Supreme Court of Korea).
- Hyung Keun Chung, Legal Ethics. Parkyoungsa, 2013.
- In Sup Han, Legal Ethics, Parkyoungsa, 2011.
- Daekyeong Jeong, Comparative Study of the Privacy Information Protection Policy -Privacy Information Basic Laws and Dedicated Organizations-. Korea Institute of Information Security and Cryptology, 22(4), 2012..
- Jung Chul Hah, Successive Conflicts of Interest: Comparative Perspective on Substantial Relationshiop Test in Korea and the U.S.. Korea University Korea Law Review, 71, 157-201, 2013.
- Jung Chul Hah, Concurrent Conflicts of Interests: May a Lawyer Act Adversely to a Client on an Unrelated Matter?. Chosun University Chosun Law Journal, 20(3), 653-672, 2013
- Jung Chul Hah, Who Is The Client for The Purpose of Conflicts of Interest?: Corporate-family Conflicts. Kangwon Natl. Univ. Kangwon Law Review, 41, 1117-1153, 2014. https://doi.org/10.18215/kwlr.2014.41..1117
- Woong Kyu Kim, Legal Study on Advertisement: Comparative Perspective on Attorney's Advertisement in Korea and the U.S., Korean Public Law Association, 31(5), 47-70, 2003.
- Hyu Sang Park, Legal Ethics. Fides Press, 2013.
- Korea Bar Association: http://www.koreanbar.or.kr/notice/board02_detail.asp.
- Chang Bum Lee, Personal Information Protection Law. Bobmonsa, 2012.
- Sung Joon Kim. Infringement of Personal Information and Civil Remedies, Civil Law Journal, 20, 109-142.