주민등록 지문날인제도의 위헌성

Abstract

An anti-communism ideology occurred a korean war later was an important opportunity and became a ground of a justification for the state to collect and utilize national personal information,collected personal information and resident control by it became an important prop in maintenance and reinforcement for an authority of Park Jung Heuy political power again. By the way, the government didn’t liquidate these problems completely In front of a timex subject which is the information-oriented society in after 1990’s and overrided an administration convenience than a private life protection. It brought national control reinforcement and invasion problem of basic human rights by propelling administration computer network project, resident registration computer network project, electronic ID card project. To served that needs, this theses evaluated in a constitutional sight on fingerprinting of resident registration system. The case of the state registrate ten fingerprints of all the citizens compulsorily is almost unique in Korea. In foreign case, public peace agencies such as police utilize fingerprint information for concrete criminal investigation or identification. but in Korea, when the state issue ID card to all the citizens over 17-year-old it collect their fingerprint information regardless of their will. Resident registration system allows the Chief of National Police to take custody, computerize and use the fingerprint forms. As for this, possibility of privacy right invasion is high. The fingerprinting is unconstitutional by legal basis principle, rule clearness principle, purpose restriction principle, excess prevent principle. Namely a fingerprinting infringe personal rights,innocence deduction principle, warrant principle, and the right of self-determination of information.