채권양도와 개인정보보호 (The cession of an obligation and protecting personal information)

서지정보

· 발행기관 : 한국민사법학회
· 수록지 정보 : 민사법학 / 40호 / 389 ~ 423페이지
· 저자명 : 최명구

초록

Information of claim and obligor is assigned from assignor to assignee by the contract for the assignment of claim. Under Korea Civil Act assignability nature of claim, requisite for Setting up Assignment of nominative claim against obligor, effect of consent or notice and notice of assignment and estoppel are ordained, and by article 67 of civil execution act, it is also ordained to submit the property catalog clarifying the properties subject. Other statutes related to claim assignment includes company of securitization of rental housing act and asset-backed securitization act. However, these ordainments doesn't cover personal information protection. It's only regulated to acquire agreement from users when accessing users' personal information in statutes as use and protection of credit information act and act on promotion of information and communications network utilization and information protection, etc. Thus, there is no concrete ordainment in these statutes as to personal information protection of obligor in claim assignment. And for this reason, problem occurs as to personal information protection of obligor in claim assignment.
Meanwhile, three personal information protection acts is recently submitted to National Assembly, but still being not able to pass the National Assembly. These act concretely does regulate personal information protection, but not doing so in consideration of claim assignment.
Due to this deficiency of related regulations, personal information in claim assignment turned up as a big problem. Since it's general to contain obligors' privacy in information of obligors provided to assignees under claim assignment contract, obligors' privacy protection is important. How would the obligor's privacy be protected? In connection with this question, obligor would be protected with establishment of behavioral criterion of assginors in claim circulation market, contrivance of a step-by-step system in providing information of obligors, managing, obligee's separate management of obligor's information, expansion of range requiring obligor's agreement.
This thesis is comprises of property and contents of claim assignment, contents of statutes related to claim assignment and personal informatoin, major points of personal information protection act in order.

영어초록

Information of claim and obligor is assigned from assignor to assignee by the contract for the assignment of claim. Under Korea Civil Act assignability nature of claim, requisite for Setting up Assignment of nominative claim against obligor, effect of consent or notice and notice of assignment and estoppel are ordained, and by article 67 of civil execution act, it is also ordained to submit the property catalog clarifying the properties subject. Other statutes related to claim assignment includes company of securitization of rental housing act and asset-backed securitization act. However, these ordainments doesn't cover personal information protection. It's only regulated to acquire agreement from users when accessing users' personal information in statutes as use and protection of credit information act and act on promotion of information and communications network utilization and information protection, etc. Thus, there is no concrete ordainment in these statutes as to personal information protection of obligor in claim assignment. And for this reason, problem occurs as to personal information protection of obligor in claim assignment.
Meanwhile, three personal information protection acts is recently submitted to National Assembly, but still being not able to pass the National Assembly. These act concretely does regulate personal information protection, but not doing so in consideration of claim assignment.
Due to this deficiency of related regulations, personal information in claim assignment turned up as a big problem. Since it's general to contain obligors' privacy in information of obligors provided to assignees under claim assignment contract, obligors' privacy protection is important. How would the obligor's privacy be protected? In connection with this question, obligor would be protected with establishment of behavioral criterion of assginors in claim circulation market, contrivance of a step-by-step system in providing information of obligors, managing, obligee's separate management of obligor's information, expansion of range requiring obligor's agreement.
This thesis is comprises of property and contents of claim assignment, contents of statutes related to claim assignment and personal informatoin, major points of personal information protection act in order.

참고자료

· 없음