Brendon Carr has mentioned on his blog that:
“The Korean Constitution recognizes a right to privacy. The US Constitution does not—we come from the proverbial “open society”. While both countries subscribe to the idea that the courts do the people’s business’, Korea is much more conservative about balancing the people’s ownership of the judiciary against the individual’s right to privacy.”
The U.S. does “recognize the right to privacy.” Roe v. Wade is the most noteworthy case concerning the “right to privacy.”
The issue is not simply that the U.S. doesn’t have a right to privacy. The U.S. does. Also, Korea does not have an “absolute” right to privacy – A “Megan Law” was held constitutional by the Constitutional Court.
The issue is fundamentally the balancing of the right, the conception of state action, and the heightened level of protection offered through law, not the constitution, for the protection of privacy.
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- Korean Data Privacy: Korean National Assembly passes the Second Major Amendment to the Personal Information Protection Act of Korea
- Korean Data Privacy Act: Need for Compliance Audit for your Korean Company
- South Korea’s Adultery Law found Unconstitutional by Constitutional Court of Korea – Let the Parties Begin
- U.S. Court Refuses to Enforce Taiwan Arbitral Award: Lesson for Drafting Arbitration Clauses in Korea
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- U.S. Imposes Steel Tariff on Korean Imports
- Equal Employment Opportunity Commission Attorney in Korea for U.S. Military Employees
- Double Jeopardy Protection in Courts in Korea: Right Not to be Tried in Korea for the Same Crime
- Korean Cryptocurrency Case Filed to the Korean Constitutional Court: Korean Bitcoin Updates