National Human Rights Commission of Korea Annual Report 2015
invariance, and thus carries a serious potential risk of infringement and abuse.
Part II
2. It is desirable to look for an alternative since bio-information has a strong identifiability and
3. It is necessary to come up with measures to ensure the safe management of collected
M. Expression of opinion on the proposal for the partial revision of the Resident
Registration Act
To lay a foundation for the so-called Fin-Tech industry, the Ministry of Government
Administration and Home Affairs requested the Commission’s opinion on the proposal for the
partial revision of the Resident Registration Act (Proposal Number 17979). The proposal was
to allow access to the fingerprint information of an individual registered on the government’s
computerized database in the process of verifying his or her real name for online financial
transactions.
In response, the Commission expressed its opinion on December 23rd that it is important to:
1. come up with very strong measures to ensure the protection of personal information and
an individual's right to informational self-determination, considering that fingerprint
information has an even bigger potential risk for abuse and leakage than that of a resident
registration number, since it functions as a key indicator of personal information and cannot
be modified or changed at all; and
2. provide more attention to the language of the proposal to clarify the meaning, since the
proposal involves a revision of legislation with a great impact upon citizens’ rights by using
critically-important personal information.
4. Highlights in the Opinions Submitted
Submission of opinion on hospitalization by legal guardians pursuant to the Mental
Health Act
At the 8th Plenary Committee on May 11th, 2015, the Commission decided to submit its
opinion to the Constitutional Court on the review of the constitutionality on Article 24.1 and
24.2 of the Mental Health Act regarding hospitalization by legal guardians (2014HunGa9).
Seoul Central District Court decided that the articles concerned have a probable cause to be
Part II Major Activities of NHRCK | 35
Major Activities of NHRCK
personal information and ensure the rights of the source.