개인정보 유출로 인한 손해배상 제도에 관한 고찰- 신용카드 개인정보 유출 소송을 통해 드러난 제도적 한계를 중심으로

Abstract

Credit Card Personal Information Leakage Lawsuit reveals the difficulty of compensation system under the Personal Information Protection Act. The Seoul High Court ordered damages from 70,000 won to 100,000 won if the leaked personal information was distributed to a third party other than the criminal. Otherwise, the court sentenced the plaintiffs to reject the bill. This follows the ‘GS Caltex Judgment’, the leading case. However, the fact that the personal information entrusted to the financial institution was leaked to an unauthorized third party itself may be a violation of legal interests and damages. In the future, it is desirable to legislate these issues through social consensus if they are excluded from the private enforcement of the law. On the other hand, In this case, only the leaked personal information ‘item’ was noticed while the ‘contents’ of the leak information was not displayed in the trial. Because of this, there was no in-depth hearing about how big the risk be currently facing against abuse of plaintiffs’ personal information. Despite various follow-up measures by credit card companies, the vague anxiety could not be alleviated when the plaintiff did not know the contents of the leaked information. Legal amendments to this problem are required. There is a need to legislate an obligation to notify the contents of the leaked information After this case was introduced, the National Assembly legislated the statutory damages and punitive damages laws on personal information infringement. However, in case of personal information leakage, there is little room for the provision of these special laws because mental damages are a major problem, not property damages. Burden of proof on issues such as transition provisions will still remain unresolved problem that requires a legislative improvements.