개인정보침해의 처벌과 피해구제 방안

A Study on Punishment about Infringement of the Personal Information and Stategies for Victim’s relief

Infringement of the personal information can intrude personal and property rights caused by the exposure of sensitive information. In terms of intrusion of personal rights, though civil damages can be admitted, criminal liability remains. While civil damages alone cannot fill in the need for criminal penalty, acts subject to criminal charges vary ranging from the violation of agreement on personal information to data spill. Statutory punishment is relatively high as well. Therefore, this study examined the cases of the infringement of personal information that may be the subject to criminal charges, and reviewed ways to appropriately use and protect personal information. It also takes a look at legislative systems of foreign countries for the infringement of personal information. When it comes to the damage relief for the infringement of personal information, ways to clarify legal nature of compensations for damages and introduce the system to compensation for damages have been suggested. It also proposes the way to enhance the effectiveness of dispute resolution system.