As the age of ubiquitous arrives, utilization of positioning information in private and public areas increases. 「Law on Protection and Usage of Positioning Information」enacted in Jan. 2005 and partially amended on Sep. 27, 2006, was legislated to prepare legal and institutional foundation that can a...
As the age of ubiquitous arrives, utilization of positioning information in private and public areas increases. 「Law on Protection and Usage of Positioning Information」enacted in Jan. 2005 and partially amended on Sep. 27, 2006, was legislated to prepare legal and institutional foundation that can activate the use of positioning information in rapidly-changing information and communication areas and prevent the adverse effects or reverse functions. Call for emergency rescue using mobile call took 29%(4,181,526) of all 119 calls(14,380,479) in 2003. According to data of National Emergency Management Agency, 20,193 cases of positioning request and 28,878 cases of positioning request were received in 2006 and 2007 respectively. With rapid increase in request for positioning, daily average of 4.9 cases in 2005, increased to 55.3 cases in 2006 and 79.1 cases in 2007, it causes difficulty in operating fire-fighting forces properly. This law aims to protect the subject of information by creating the foundation for use of positioning information in public areas such as emergency rescue, together with positioning information in industrial areas and by minimizing the risk of privacy infringement that may occur in this course. With regard to public use of positioning information, it specifies the legal grounds for using positioning information for emergency rescue and warning announcement for disasters or accidents. Through wording of "Securing Safety" in constitutional law, obligation of country for assuring basic right in Article 10, obligation for preventing disasters in Article 34 (6) and protecting basic law through such risk can be obtained. Positioning for emergency rescue is found as a concrete mean for protecting the life and body of people, the ultimate goal of the modern constitutional state and realizing the dignity of people and humanitarianism specified in our law. However, if the positioning information of individual is abused due to positioning for emergency rescue, and the location of individual or thing is known, main areas of activities or contents of activities of individual can be recognized or estimated. As such if the areas and contents of activities of individual are known, it is highly likely to seriously violate the basic right of people such as freedom of acts or conscience of individual depending on degree. Accordingly, the use of personal positioning information for emergency rescue is regarded as exceptional in terms of legislation purpose, it is required to strictly analyze positioning for emergency rescue within the minimum extent in order to prevent the misuse or abuse of personal information. In this regard, initial planners of 「Position Information Act」intended to restrict it to the emergency rescue institutions which have subscribed to special number call service and obtained the personnel, facility and equipment required for emergency and use of position information, since personal location information is sensitive and private information and should be highly restricted from access of public institutions on personal location information even if emergency rescue institutions request positioning information for increase in public interest. Under general principle of modern administration law, if government with mission for protecting the life and body of people fails to exclude the imminent and serious dangers or risks on life and body of people, and to successfully protect the body, life and property of people, it is highly likely that compensation is claimed against government or related public officials regarding the obligation for administrative intervention even if there is no formal law and regulation. However, unless imminent and serious danger occurred or is likely, compensation cannot be claimed against government even if the government or public officials follow the tasks given in laws but their forbearance violates the law on purpose or by mistake, Current positioning related laws and regulations left a room for discretion of administrative organizations under high-level of professional or technical determination or policy-based decision of administrative organizations using the concept of indetermination of "imminent danger" as the action requirement in administrative laws and regulations. In this regard, the nonperformance by discretion of administrative organization under emergency rescue situation, it may result in serious infringement of basic right such as life or bodily injury of people. Accordingly, administrative agency should carefully determine professional and technical areas with regard to interpretation of concept of indetermination based on principle of realization of basic right and national sovereignty, and should judge the requirements of administrative acts consistent with basic rights in the area of power and non-power related actions. In conclusion, it is required to prepare concrete guideline with regard to interpretation of concept of indetermination of "Imminent Danger" under 「Law on Protection and Use of Position Information 」 in order to solve problems and remove risks from utilization of personal position information in public areas through harmonic analysis of private law control and respect for professional areas of administrative agency, and further to realize the protection of basic right of people.
As the age of ubiquitous arrives, utilization of positioning information in private and public areas increases. 「Law on Protection and Usage of Positioning Information」enacted in Jan. 2005 and partially amended on Sep. 27, 2006, was legislated to prepare legal and institutional foundation that can activate the use of positioning information in rapidly-changing information and communication areas and prevent the adverse effects or reverse functions. Call for emergency rescue using mobile call took 29%(4,181,526) of all 119 calls(14,380,479) in 2003. According to data of National Emergency Management Agency, 20,193 cases of positioning request and 28,878 cases of positioning request were received in 2006 and 2007 respectively. With rapid increase in request for positioning, daily average of 4.9 cases in 2005, increased to 55.3 cases in 2006 and 79.1 cases in 2007, it causes difficulty in operating fire-fighting forces properly. This law aims to protect the subject of information by creating the foundation for use of positioning information in public areas such as emergency rescue, together with positioning information in industrial areas and by minimizing the risk of privacy infringement that may occur in this course. With regard to public use of positioning information, it specifies the legal grounds for using positioning information for emergency rescue and warning announcement for disasters or accidents. Through wording of "Securing Safety" in constitutional law, obligation of country for assuring basic right in Article 10, obligation for preventing disasters in Article 34 (6) and protecting basic law through such risk can be obtained. Positioning for emergency rescue is found as a concrete mean for protecting the life and body of people, the ultimate goal of the modern constitutional state and realizing the dignity of people and humanitarianism specified in our law. However, if the positioning information of individual is abused due to positioning for emergency rescue, and the location of individual or thing is known, main areas of activities or contents of activities of individual can be recognized or estimated. As such if the areas and contents of activities of individual are known, it is highly likely to seriously violate the basic right of people such as freedom of acts or conscience of individual depending on degree. Accordingly, the use of personal positioning information for emergency rescue is regarded as exceptional in terms of legislation purpose, it is required to strictly analyze positioning for emergency rescue within the minimum extent in order to prevent the misuse or abuse of personal information. In this regard, initial planners of 「Position Information Act」intended to restrict it to the emergency rescue institutions which have subscribed to special number call service and obtained the personnel, facility and equipment required for emergency and use of position information, since personal location information is sensitive and private information and should be highly restricted from access of public institutions on personal location information even if emergency rescue institutions request positioning information for increase in public interest. Under general principle of modern administration law, if government with mission for protecting the life and body of people fails to exclude the imminent and serious dangers or risks on life and body of people, and to successfully protect the body, life and property of people, it is highly likely that compensation is claimed against government or related public officials regarding the obligation for administrative intervention even if there is no formal law and regulation. However, unless imminent and serious danger occurred or is likely, compensation cannot be claimed against government even if the government or public officials follow the tasks given in laws but their forbearance violates the law on purpose or by mistake, Current positioning related laws and regulations left a room for discretion of administrative organizations under high-level of professional or technical determination or policy-based decision of administrative organizations using the concept of indetermination of "imminent danger" as the action requirement in administrative laws and regulations. In this regard, the nonperformance by discretion of administrative organization under emergency rescue situation, it may result in serious infringement of basic right such as life or bodily injury of people. Accordingly, administrative agency should carefully determine professional and technical areas with regard to interpretation of concept of indetermination based on principle of realization of basic right and national sovereignty, and should judge the requirements of administrative acts consistent with basic rights in the area of power and non-power related actions. In conclusion, it is required to prepare concrete guideline with regard to interpretation of concept of indetermination of "Imminent Danger" under 「Law on Protection and Use of Position Information 」 in order to solve problems and remove risks from utilization of personal position information in public areas through harmonic analysis of private law control and respect for professional areas of administrative agency, and further to realize the protection of basic right of people.
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