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미국의 정보 프라이버시권과 알 권리에 관한 연구

미국의 정보 프라이버시권과 알 권리에 관한 연구

Material type
단행본
Personal Author
김선희, 책임연구
Title Statement
미국의 정보 프라이버시권과 알 권리에 관한 연구 / 김선희 책임연구
Publication, Distribution, etc
서울 :   헌법재판소 헌법재판연구원,   2018  
Physical Medium
v, 144 p. ; 27 cm
Series Statement
비교헌법연구 ;2018-B-6
Bibliography, Etc. Note
참고문헌: p. 136-144
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005 20181001105023
007 ta
008 181001s2018 ulk b 000c korYA
040 ▼a 211009 ▼c 211009 ▼d 211009
074 ▼k 33-9750040-000189-01
082 0 4 ▼a 342 ▼2 23
085 ▼a 342 ▼2 DDCK
090 ▼a 342 ▼b 2016z1 ▼c 2018.B.6
245 0 0 ▼a 미국의 정보 프라이버시권과 알 권리에 관한 연구 / ▼d 김선희 책임연구
260 ▼a 서울 : ▼b 헌법재판소 헌법재판연구원, ▼c 2018
300 ▼a v, 144 p. ; ▼c 27 cm
440 0 0 ▼a 비교헌법연구 ; ▼v 2018-B-6
504 ▼a 참고문헌: p. 136-144
700 1 ▼a 김선희, ▼e 책임연구
945 ▼a KLPA

Holdings Information

No. Location Call Number Accession No. Availability Due Date Make a Reservation Service
No. 1 Location Main Library/Law Library(Books/B1)/ Call Number 342 2016z1 2018.B.6 Accession No. 111797187 Availability Available Due Date Make a Reservation Service B M

Contents information

Table of Contents

Ⅰ. 서 론 / 1
1. 연구의 목적과 필요성 ··························································································1
가. 정보 기본권으로서의 정보 프라이버시권과 알 권리에 관한 국제적 논의 ··1
나. 정보 프라이버시권과 알 권리의 관계 ···························································4
다. 미국에서의 정보 프라이버시권과 알 권리에 관한 논의 ······························7
2. 연구의 범위와 논의 전개의 방향 ········································································9
Ⅱ. 미국에서의 정보 프라이버시에 관한 논의 / 12
1. 서언 ·····················································································································12
2. 프라이버시권 침해의 유형 및 양상 ··································································14
가. 침해의 유형 ··································································································14
나. 침해의 양상 ··································································································18
3. 헌법상 프라이버시권의 개념 및 발전 ·······························································19
가. 공간 프라이버시권 ·······················································································20
(1) 의의 ········································································································20
(2) 헌법상 근거 ···························································································21
(3) 판례 ········································································································21
(가) Olmstead v. United States ························································22
(나) Katz v. United States ·································································22
(다) United States v. Jones ·······························································23
(라) Carpenter v. United States ······················································24
나. 의사결정 프라이버시권(decisional privacy) ············································25
(1) 의의 ········································································································25
(2) 헌법상 근거 ···························································································26
(3) 판례 ········································································································27
(가) Meyer v. Nebraska ·····································································27
(나) Griswold v. Connecticut ···························································27
(다) Roe v. Wade ················································································28
4. 정보 프라이버시권(information privacy) ······················································30
가. 정보 프라이버시권 등장 배경 ·····································································30
나. 개인정보통제권으로서의 정보 프라이버시권 ··············································31
다. 연방대법원 판례 ···························································································33
(1) Whalen v. Roe ····················································································33
(2) Nixon v. Administrator of General Services ······························35
(3) NASA v. Nelson ················································································38
라. 연방대법원 판례에 대한 비판 ·····································································41
(1) 정보 프라이버시권 인정여부에 대한 혼란 ···········································41
(가) 프라이버시 이익과 프라이버시권 ··················································41
(나) 정보 프라이버시권 인정 여부 ························································42
(2) 정보 프라이버시권에 포섭되는 개인 정보의 범위 ·······························45
(3) 통일되지 않은 심사기준의 적용 ···························································48
(가) 연방대법원 심사기준 일반 ·····························································48
1) 근본적 권리 침해에 대한 엄격심사기준 ·······································48
2) 법익형량 심사 ················································································49
(나) Whalen 판결의 심사기준에 대한 해석 ········································53
(다) 하급법원의 상이한 심사기준 ··························································54
1) 제4, 제6, 제10 연방항소법원 - 엄격 심사 ································56
2) 제3, 제9 연방항소법원 - 중간심사기준 ····································56
3) 제8 연방항소법원 - 국가의 이익 존중 기준 ·······························57
5. 헌법상 정보 프라이버시권 인정 필요성 ···························································58
가. 불충분한 입법 ······························································································58
나. 통일적 규율 및 해석의 유연성 제고 ··························································61
다. 대안 - 근본적 권리성 인정 후 엄격심사기준 혹은 중간심사기준 적용 ···62
6. 검토 및 소결 ····································································································63
Ⅲ. 미국에서의 알 권리에 관한 논의 / 68
1. 서언 ·····················································································································68
2. 미국에서의 알 권리 ····························································································69
가. 알 권리의 발전 ····························································································69
나. 알 권리의 의의 및 기능 ··············································································70
다. 표현의 자유와 알 권리의 관계 ···································································72
3. 헌법상 알 권리 인정 여부에 대한 학계의 논의 ···············································74
가. 긍정설 ···········································································································74
나. 부정설 ···········································································································79
4. 수정헌법 제1조와 알 권리에 관한 판례 ···························································83
가. 청취권 ···········································································································84
나. 정부 운영 기관에 대한 접근권 ···································································86
다. 재판절차에의 접근권 ····················································································89
라. 소결 및 검토 ································································································94
5. 입법 및 행정을 통한 알 권리의 구현의 불충분성 - 연방 정보자유법과
 그 이행 ···············································································································94
가. 연방 정보자유법 ···························································································94
(1) 입법 배경 및 입법 목적 ········································································94
(2) 입법 연혁 ·······························································································96
(3) 기본 구조 ·······························································································97
(4) 주요 내용 ·······························································································98
(5) 현황 및 한계 ··························································································98
(가) 현황 ·································································································98
(나) 한계 ·································································································99
나. 행정부의 기조에 따른 알 권리의 실현 - 정책 메모 ·······························100
6. 정보자유법 사건에서 정보 프라이버시권과 알 권리의 충돌과 심사기준 ·····102
가. 문제의 소재 ································································································102
(1) 정보주체가 연방 기관이 보유한 자기 정보의 공개를 청구할 경우 102
(2) 제3자가 연방 기관이 보유한 정보 주체의 개인 정보의 공개를
 청구할 경우 ··························································································106
나. 정보자유법상 알 권리의 예외로서 프라이버시 ········································107
(1) 예외조항 6 ···························································································107
(2) 예외조항 7(C) ······················································································108
(3) 차이점 ··································································································108
다. 법익형량 ·····································································································109
(1) 판단의 순서 ·························································································109
(2) 보호되는 정보의 범위 ·········································································109
(3) 프라이버시 이익 ··················································································110
(4) 공익 ······································································································111
(5) 법익형량 ·······························································································112
라. 정보자유법과 관련된 미 연방대법원 판례 ···············································112
(1) Department of the Air Force v. Rose ·······································113
(2) U. S. Department of State v. Washington Post Co. ··············115
(3) U. S. Department of Justice v. Reporters Committee
 for Freedom of the Press ······························································116
(4) U. S. Department of State v. Ray ··············································119
(5) National Archives & Records Administration v. Favish ······121
마. 연방대법원 판결 검토 ················································································124
7. 검토 및 소결 ····································································································127
Ⅳ. 결론 / 131
❚참고문헌 ···································································································································136

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