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KMID : 1011120190130010043
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Bioethics Policy Studies
2019 Volume.13 No. 1 p.43 ~ p.69
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A study on personal information leakage and alimony compensation through the so-called Pharmacological Information Center Case
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Koo Young-Shin
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Abstract
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It is hard to find a case where alimony was paid due to mental damage caused by the leakage of personal information, unless there is secondary damage. In the so-called Pharmacological Information Center case, the court rejected the mental damages claim by the analogy with an existing Supreme Court precedent on the basis of judging whether or not the data subject has suffered mental damage due to personal information leakage. However, the criteria for determining whether or not a data subject has suffered damage caused by personal information leakage is difficult to apply when the data subject claims damages against a third party who illegally collected his or her personal information. In addition, it appears that the nature of the damage caused by personal information leakage or the degree of sensitivity of personal information is not fully considered. Moreover, since the regulation on compensation for damages under the Personal Information Protection Act does not apply to claims for damages against those who are not personal information controllers, research on the criteria for determining whether or not any mental damages have occurred due to the leakage of personal information is still urgently needed. It will be said that judging whether there are any mental damages due to the leakage of personal information directly reflects the values and perceptions that our society places on personal information. Considering the situation in which the self-determination right of personal information is specified in the real law, and personal information is traded like a real product as a resource that generates economic value in the information society, the judgment criteria for the occurrence of mental damage should be reset to a more active and practical level.
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KEYWORD
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Personal Information, personal information controller, Leaking agent as a third party, Claims for Statutory Compensation, Criteria for Judgment of Mental Damage
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FullTexts / Linksout information
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Listed journal information
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