옥션 개인정보 유출 사건의 재조명 - 대판 2015. 2. 12. 2013다43994, 44003 판결에 대한 비판적 고찰

Abstract

Personal data is a kind information and an asset, which is closely related with human rights. In the past, lots of personal data was collected to use internet services or join any internet sites in Korea. As a result the right to information self-determination was infringed. In Korea, now important personal data like resident registration numbers is not collected in many areas. due to a series of personal data infringements cases. Nevertheless, we are not free from the risks of loss of personal data. Regarding responsibilities of information and communication service providers, if information and communication service providers fulfil designated technological and managerial protection measures, they can be free from responsibilities for losses of personal data. Therefore information and communication service providers do not have to fulfil more active technological and managerial protection measures. In Auction case, leading case regarding loss of personal data in Korea, whether the information and communication service provider has fulfilled technological and managerial protection measures was an important issue. This article reviews, in Auction case, whether the information and communication service provider has fulfilled technological and managerial protection measures, whether the court considered the financial burden of the information and communication service provider, whether the damages for losses of personal data can be fulfilled, and why the information and communication service provider did not report the losses of personal data right after a series of personal data leakage.