Research Report
A Study on legislation to improve the system of allowance for reading and issuing resident registration laws
Ⅰ. Background and purpose
○ Korea's resident registration system has all the characteristics of a housing registration system, a national specific system, and a status or qualifications certification system.
○ Currently, in relation to the Korean Resident Registration Act, there is a problem of legal systemic conformity to the allowable range of third-party access and issuance of resident registration data under the Resident Registration Act, and problems such as access to new generations and the uncertainty of the system to view the resident registration table under the Resident Registration Act.
○ For this reason, it is necessary to improve the legal system in terms of the legislative aspect of the scope of allowance for reading and issuance of resident registration data under the Resident Registration Act and the reading of all households under the Resident Registration Act.
Ⅱ. Main Content
○ With regard to accessing and issuing resident registration data under the Resident Registration Act, legislatively or judicially, reading and issuing resident registration data under the Resident Registration Act is recognized directly and indirectly by personal information protection, and the trend has been to limit the viewing and issuance of resident registration data within a range that is in harmony with the protection of personal information.
○ Even in the case of reading and issuing resident registration data with a character of personal information, when personal information is public information, it is necessary to establish the system in a way that is more strictly managed and restricted by applying the criteria of the eight basic principles of OECD privacy.
- The criteria for the eight basic principles of OECD privacy are: Collection limitation, data quality, purpose specification, use limitation, and safety. security safeguards, openness, individual participation, and accountability.
○ The problems related to the scope of allowance for reading and issuing resident registration data under the current resident registration law are: Under the Resident Registration Act, it is necessary to clarify the scope of allowance for accessing and issuing third-party registration data, and regarding the improvement of the access system for resident registration transfer households, there is a problem with the legal system of the resident registration ordinance and restrictions on access by resident registration transfer households by foreigners.
○ Regarding the clarification of the allowable scope of access to third-party access and issuance of resident registration data under the Resident Registration Act, important matters related to the access to the resident registration card currently regulated by the administrative legislation are necessary to be directly regulated or grounded in the Resident Registration Act, and the legal system should be improved in the direction of delegating only the details or procedures to the administrative legislation.
○ Regarding the improvement of legislation of the resident registration transfer system,
- It is necessary to stipulate the grounds for requesting access by residents of resident registration by the law, which is stipulated by Article 14 of the Resident Registration Act Enforcement Rules, while improving the legislation that regulates the reading and issuance of the resident registration list in the Enforcement Decree of the Resident Registration Act.
- There may be pros and cons for foreign residents' direct resident registration access, but it is appropriate to allow foreigners' property rights and allow them because of the current system operation.
Ⅲ. Expected Effect
○ The direction to revise the Resident Registration Act will be suggested by presenting a plan to rearrange the legal system for the scope of allowance for viewing and issuing the Resident Registration Data under the Resident Registration Act.
○ The direction of amendment to the resident registration law will be suggested by presenting a plan to improve the legal system for the resident registration transfer system under the Resident Registration Act.