A Regulatory Analysis on the Reverse Discrimination against Korean Domestic Businesses in relation to the Data Protection and Regulatory Improvement Orientation

Inho Lee, Seo-An Kim

Abstract


IT businesses in Korea have relatively strong regulations. While providing the same service, domestic businesses are in a situation of ‘reverse discrimination of regulations’ as they are less competitive than global IT companies in accordance with the application of the personal information protection legislation in Korea. In this paper, Personal Information Protection legislation was classified and laws of major countries were analyzed in comparative ways. It also compared and analyzed the “private policy” presented by representative Internet sites (Naver, Daum, Google, Facebook) that provide services to users in Korea. We also proposed three aspects of legislation improvement to address reverse discrimination. 


Full Text:

PDF

References


Alex Wall, “GDPR matchup: South Korea’s Personal Information Protection Act,” Jan. 8, 2018.

An, Y. B. and Chang, H. B., “A Study on Minimization of Leakage of Important Information in M&A,” The Journal of Society for e-Business Studies, Vol. 25, No. 1, pp. 215-228, 2020.

Buckner, T. K. and Knowles, B. L., “Privacy- Management, Legal Issues and Security Aspects”, Nova, 2012.

Determann, L., “Determann’s Field Guide to Data Privacy Law,” Edward Elgar, 2015.

Floridi, L., “Protection of Information and the Right to Privacy-A New Equilibrium?,” Springer, 2014.

Grimmelmann, J., “Saving Facebook,” 94 Iowa Law Review, pp. 1137-1206, 2009.

Gustke, C., “Which countries are better at protecting privacy?,” BBC Capital, Jun. 26, 2013.

Hong, S. K. and Ko, Y. M., “A Study on the Countermeasures for the Fourth Industrial Revolution and the GDPR Focused on the Personal Information Protection Law,” Dankook Law Review, Vol. 43, No. 1, pp. 313-337, 2019.

Jang, W. and Shin, I., “The Online Privacy Policy: Recognition, Confirmation and its Effects on Online Transaction Behavior,” Journal of the Korea Institute of Information Security and Cryptology, Vol. 22, No. 6, pp. 1419-1427, 2012.

Jun, G. G., “A Study on the utilizable Scope of Personal Information,” Ajou Legal Research, Vol. 6, No. 1, pp. 479-502, 2012.

Kim, H.-K., “Study on Asymmetric Regulation Improvement of Online Services Based on Regulatory Principles on ICT Services,” SungKyunKwan Law Review, Vol. 26, No. 3, pp. 487-521, 2014.

Kim, H.-W., “Constitutional Review of Personal Information,” Public Law Journal, Vol. 20, No. 4, pp. 63-98, 2019.

Kim, I. H., “A Study on the Role and Function of Personal Information Protection Commission,” Study on American Constitution, Vol. 28, No. 2, pp. 219-273, 2017.

Kim, I. H., “Streamlining Plan of Object of Application on the Personal Information Protection Act,” Public Law, Vol. 43, No. 1, pp. 31-54, 2014.

Kim, K.-H., “Comparison of the Personal Information Protection legislation of Korea, EU, and Japan in terms of regulations,” NAVER Privacy White Pater, pp. 1-38, 2017.

Kim, S.-A., “Meanings and Tasks of the Three Revised Bills which Ease Regulations on the Use of Personal Information,” Convergence Security Journal, Vol. 20, No. 2, pp. 59-68, 2020.

Lee, I. H., “Analyzing the Concept of ‘Personal Data’ under the Personal Data Protection Act of Korea,” Journal of Korea Information Law, Vol. 19 No. 1, pp. 59-87, 2015.

Lee, I. H., “Framework for Transatlantic Personal Data Flows,” Chonnam Law Review, Vol. 36, No. 3, pp. 79-108, 2016.

McQuinn, A. and Castro, D., “Why Stronger Privacy Regulations Do Not Spur Increased Internet Use,” Jul. 11, 2018.

MOIBA, “Mobile Content Industry Report 2019,” Ministry of Science and ICT, pp. 1-196, 2019.

Nicoll, C., Prins, J. E. J., and van Dellen, M. J. M., “Digital Anonymity and The Law,” T⋅M⋅C, Asser Press, 2003.

Park, K. B., Chae, S. H., and Kim, H. J., “Legal Treatment of Inferred Data in Korea,” Journal of Korea Information Law, Vol. 21, No. 2, pp. 159-202, 2017.

Paul Sutton, “Data Protection in South Korea: Why You Need to Pay Attention,” Vistra(web), Aug. 15, 2018.

Shim, W. H., “The Development of IoT Systems: Regulatory Issues and Directions,” KIPA Research Report, pp. 2070- 2393, 2018.

Son, H. S., “A study on the Direction of Korean Law by the review ing the A mended Act on the protection of Personal Information of Japan,” Public Law, Vol. 46, No. 2, pp. 295-329, 2017.

Son, S. W., “Legal Issues on Facebook and Data Protection,” Gachon Law Review, Vol. 5, No. 1, pp. 305-335, 2012.

Yun, J. H., “A Study on the Application of Law According to Change of Privacy Policy,” Kyungpook National University Law Journal, Vol. 41, pp. 391-428, 2013.


Refbacks

  • There are currently no refbacks.