개인정보법에 대한 비교법적 고찰과 우리나라의 개인정보법제

A Comparative Study on the Personal Information Law of Some Countries and Personal Information Law in the Korea

This article examines the protection of personal data in the side of the Contract and the management of personal data divided into the collection, progressing, and destruction stage. On the basis of this examination, it explains in details that the infringement of personal data would be handled in the light of the Torts. However, First, the personal data has always the possibility of infringement and the relief is not sufficient after the infringement because the recover is not possible once the infringement occurs. Therefore this article gives careful consideration to the preliminary injunction to protect the personal data in advance. Though such a preliminary injunction is not prescribed in the law, it is recognized by the theory and precedent. Second, in the infringement of personal data, the compensation for damage and injunction as a existing legal system are not sufficient. Particularly, as an infinite volume of personal data is distributed and processed, the infringement of personal data is occurred in on a massive scale as a serious problem. It is time to discuss the protection of personal data in the light of civil law. This article examines the law to protect the personal data in Korea. The law related to personal data establish both in public and private sector, and the matter of personal data is handled by the law. But the law are not enough to protect the personal data. Thus the protection of personal data is discussed in the side of civil law. Finally, this article explains the protection of personal data in the light of civil law.