the word "public sector" or "public area" is commonly used under the privacy information protection law however, a clear concept of these words are not defined yet, and it is understood as a symmetrical concept of "private sector" or "private area". In the "Lee Hye-hoon Bill" it has defined the word "public sector"; from the view point of law theory, it is not a correct concept. Public sector and private sector should be recognized as a phenomenological assortment based on the relational distinctiveness between subject that process the personal information and the information subject itself. Therefore, under the privacy information protection law, the concept of public sector can be only defined as "every organization which can have inequality between the subject that process the personal information and the information subject itself." In addition, "public institution" is a word that is already defined in "law related to managing public institutions"; it is not advisable to use it as a different concept in a different law. Thus, it will be proper to interpret 'public sector' as "a public administration or a similar organization in accordance with the law or an organization which can collect personal information by an agreement of the information subject itself."
Privacy information protection in 'public sector and 'private sector' may be identical according to the phenomenological concept 'privacy information protection' however, there are enormous differences according to the legislative technique in regulation objects, purposes, and specially measures. Collecting privacy information in public sector is most likely an 'administrative investigation' to collect information for administrative purpose, and in private sector collecting information is for 'business activities'. In addition, the privacy information protection law in public sector has another purpose, which is to secure efficiency of administrative acts by "using or applying personal information" under the major premise of protecting personal information. On the other hand, the privacy information protection law for private sector not only has a principle to "protect personal information" but has a constitutional principle called "free market economy system". Thus, the privacy information protection law for public and private sector has a difference in legislation principle; regulating public and private sector as a bundle is to be evaluated as exceeding the limitation of legislative technique. Therefore, legislative theories find that it is appropriate to separate the privacy information protection law of public sector and private sector, nevertheless we can't deny that it is difficult to clearly separate the two areas as two different laws because both sectors has a reiterative area and they share a phenomenological purpose which is to "protect personal information". In conclusion, it is advisable, setting one law just as the German legislative model, to separate "general and common regulation", "personal information protection in public sector", and "personal information in private sector" in a separate compilation or chapter.
On the one hand, the organization for protecting personal information in public sector and private sector has many difference in their "objects and methods". Therefore, with regards to logic in law, it is not appropriate to regulate these organizations under one law and to unite theses organizations to one organization. As we have studied that there is a common area for public sector and private sector in protecting personal information, to seek an optimum point considering both logical and practical sides, I believe that it is proper to have one law to regulate personal information protection in public and private sectors, just like the German provacy information protection law or 'Lee Hye-hoon Bill' and to set a separate compilation or chapter for non-common area of public and private sectors. In addition, it is advisable to set a system which forms a organization for protecting personal information as a "Independent Administrative Agency under the provision of the President as a committee" for public sector, and to freely regulate in related private sectors and give the disposal rights and arbitration rights to the related adminstration such as the Ministry of Information and Communication for private sector.